Law of Trusts – A Result of a Complex Society

The Law of Trusts is a reflection of a person’s desire, within the context of a complex society, to put their financial affairs in order, for the benefit of the beneficiaries. Trusts often address uncertain and emotional periods of time.

This law applies to: executors of wills, silent trusts, constructive trusts in family law cases, and resulting trusts for money advanced in property transactions. Additionally, the law applies to common property disputes such as claims made by a third party who believes he or she has an interest in the property that is “in trust – or not reflected on title”.

Timothy has worked on many trust files throughout his career, and has also focused specifically on examining the laws pertaining to the taxation of offshore trusts and assessing exactly what constitutes a breach of trust by a trustee.

It is important to note that beneficiaries of trusts have the right to question the behaviour of the trustee. This right has evolved over hundreds of years of common law, and is also provided for by the Trustee Act in B.C. This act is equally important for the trustee to be aware of when responding to beneficiary requests, unreasonable or otherwise.

Nanaimo Estate Law* is pleased to help with the preparation of trust deeds as an estate planning tools, or regarding the affairs of a person with a disability. We are also happy to meet with beneficiaries and trustees. We have successfully handled many lawsuits, both for trustees and beneficiaries.

Please visit Huntsman Law* for more information pertaining to Trusts.

*Denotes Timothy J. Huntsman Law Corporation