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ARTICLE · 05 JULY 2024

Variation Of Trusts Act – Does The "Benefit" Need To Be Financial?

The Variation of Trusts Act might be the shortest statute that I am aware of, with the entire statute likely containing fewer words than the current blog. At its most basic the Act provides the court...

CanadaFinance and Banking

The Variation of Trusts Act might be the shortest statute that I am aware of, with the entire statute likely containing fewer words than the current blog. At its most basic the Act provides the court with the authority to approve a proposed variation of a trust on behalf of a minor or incapable beneficiary, with the only condition being the court must be of the belief the implementation of the variation is for the "benefit" of the person on whose behalf they are approving the variation. But what exactly does "benefit" mean?

When most people think about a proposed variation of a trust needing to be for the "benefit" of the minor or incapable person for the court to approve it they likely think about there needing to be some direct financial benefit for the minor or incapable beneficiary. Although a direct financial benefit is likely the most common circumstance, with funds often being directed to be paid into court for the benefit of the minor/incapable beneficiary

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