Rose v. Rose is a recent Ontario case that deals with marriage breakdown, disillusioned children, and the finality of an irrevocable trust. Brian and Janice were married and had two daughters. In 1992, Brian and Janice transferred a ski chalet and cottage into trust for the benefit of their daughters. Brian was the trustee for […]
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Sometimes, there are good reasons to want to depart from the original provisions of a trust contained in a will or trust deed. It may be that the original rationale for the trust provision no longer exists. Sometimes, a trustee receives investment advice that all beneficiaries would benefit from a change to the structure of the trust. Other variations to a trust are tax driven. Whatever the reason, the trustee or a person with a financial interest in the trust may apply to court to approve a trust variation on behalf of all those persons who cannot consent (incapable persons, minor children, and the unborn and unascertained). de VRIES LITIGATION can help beneficiaries or trustees apply to vary a trust or respond to an application to vary a trust.
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