Trust Issues: A Re-examination of Often Overlooked Foundational Concepts 2025
Course Date: June 25, 2025
Total: 5h 40min
Total Ethics: 1h 30min
Course Date: June 25, 2025
Alison Oxtoby — Fasken Martineau DuMoulin LLP, Vancouver
- key aspects of bare trusts
- distinguishing bare trusts from other arrangements
- challenging bare trust examples
- tax issues facing bare trusts
- what are they
- possible uses in BC
- the myth of a dual trustee legal personality in BC
- protecting trustees and trust assets from creditors
- concerns and consequences regarding breaches of trust
- what are powers and duties
- how may powers can be exercised
- types of powers (statutory and inherent)
- limiting the exercise of powers
- trustee exemption clauses and dealing with conflicts of interest
- using indefeasible vesting to
- outwait a 75(2)/107(4.1) problem
- provide a 20% interest to non-resident beneficiaries
- legislative framework
- CRA positions
- power of trustee to vest indefeasibly
- ramifications of vesting indefeasibly
- discretionary trusts and informed decision-making
- the joint-action rule of co-trusteeship, and uunanimous vs. majority decision-making
- delegating trustee duties
- powers of appointment held by trustees
- Toigo Estate decision and "momentous decisions"
Date:
June 25, 2025
Course:
Contributor(s):
Presentation Content:
Date:
June 25, 2025
Course:
Contributor(s):
Presentation Content:
Secrets Trusts
[1h 4min]
Slides: Secret Trusts
Date:
June 25, 2025
Course:
Contributor(s):
Presentation Content:
Date:
June 25, 2025
Course:
Contributor(s):
Presentation Content:
Trustee Powers
[53min]
Slides: Trustee Powers
Date:
June 25, 2025
Course:
Contributor(s):
Presentation Content:
Date:
June 25, 2025
Course:
Contributor(s):
Presentation Content: