Wills & Trusts Law Reports | January/February 2017 #166The petitioner, a non-profit society, became the trustee (T) of a charitable purpose trust of land and premises. T sought construction and amendment of the trust deed.
The trust deed provided, inter alia, that a certain portion of the land in the trust known as the Cenotaph Area be held in trust as a site solely for the purposes of a memorial cairn for Canadian soldiers killed in World War I. If any part of the lands in the trust were expropriated, the trustee was to use any expropriation proceeds to purchase other land and hold the balance of the proceeds in trust for th...
Lucy Whitehouse looks at a Canadian residence case that highlights the danger of the persuasive beneficiary ? ‘The indicative factors of an individual’s residence such as nationality, physical location and social connection need to be adjusted when applied to a trust to take into account the numerous parties involved.’ In Canada, as in England, the …
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