Category: Trusts
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How a Breach of Fiduciary Duty Under Power of Attorney Affects Estate Disputes
A “power of attorney” is a legal document signed by the donor that appoints an agent (the “attorney”) and gives that agent the authority to carry out certain tasks for the donor. As a fiduciary, an attorney acting under a power of attorney is obliged to act only for the benefit of the donor and […]
Financial Nondisclosure the “Cancer” of BC Estate Litigation
In Haley (Re), 2017 BCSC 2057, nondisclosure of financial information and assets surrounding the passing of accounts was described as the cancer of BC estate litigation. Failure on the part of the administrator, executrix, or trustee to disclose and consult with beneficiaries in a timely manner results in the failure to pass accounts as presented, increases […]
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Resulting Trusts: Tax Filings as Evidence of Transferor’s Intent
A “resulting trust” arises when title to property is in one party’s name, but that party, because he or she is a fiduciary or gave no value for the property, is under an obligation to return it to the original title owner. There is a presumption of resulting trust where property is acquired with one […]
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Proprietary Estoppel: Are Promises Enforceable?
Proprietary Estoppel: Are Promises Enforceable? The equitable doctrine of proprietary estoppel can bind a person to their word. For example, if a sister promises her brother that he can acquire the interest she will inherit in their mother’s house if he moves back home to care for their aging mother, and the brother acts on […]
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“Good Conscience” Constructive Trust in Non-Agency Scenario
The most common basis for a constructive trust is unjust enrichment, but on some occasions, even where there is no unjust enrichment in the traditional sense, “good conscience” requires the imposition of a constructive trust to address wrongful conduct. “Good conscience” constructive trusts can be traced to Soulos v. Korkontzilas, [1997] 2 S.C.R. 217, in […]
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Resulting Trusts: Critical Time for Determining Intent
Resulting trusts are as firmly grounded in the settlor’s intent as express trusts, but with this difference: the intent is inferred or presumed as a matter of law from the circumstances of the case. In Friskie v. Piovesan Estate, [1998] B.C.J. No. 1837 (S.C.), Saunders J. applied the doctrine of resulting trust where children transferred […]
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Promised Inheritance May Be Enforced By Resulting Trust
Parents often promise their children that they will inherit certain property or assets when they die; when the promised inheritance is not reflected in the will or in the way the parents arrange their affairs, the court may find that the promised inheritance is held in a “resulting trust” in favour of the children. The […]