Trusts Research with Casey

An express trust requires certainty of intention, subject matter, and objects. Disputes arise when the trust language is ambiguous, the property is not clearly identified, or the beneficiaries are uncertain. Courts interpret these elements strictly.

Casey returns decisions where courts analyzed whether the language used created a binding obligation or merely expressed a wish, the distinction between precatory words and trust obligations, and how courts treated ambiguous trust instruments.

A resulting trust arises when property is transferred without adequate consideration and no gift was intended. These claims are common in family disputes over real estate, bank accounts, and other assets where title does not reflect the true ownership.

Casey surfaces rulings applying the presumption of resulting trust, the rebuttal through evidence of donative intent, how courts treated joint bank accounts and property transfers between parents and adult children, and the evidentiary standards applied.

Constructive trusts are imposed by courts as a remedy for unjust enrichment or wrongful conduct. They arise frequently in family property disputes, business relationships, and situations where one party contributed to property they do not legally own.

Casey retrieves decisions applying the unjust enrichment framework — enrichment, corresponding deprivation, and absence of juristic reason — and how courts used the constructive trust to restore property or its value to the person who was unjustly deprived.

Trustees who fail to follow the terms of the trust, make imprudent investments, favour one beneficiary over another, or act in their own interest face breach of trust claims. The remedies can include personal liability for losses suffered by the trust.

Casey returns rulings on the trustee's investment standard of care, the distinction between honest errors and negligent management, how courts calculated damages for breach, and the circumstances under which trustees were relieved from liability.

Trustees owe duties of loyalty, care, impartiality, and accountability. Understanding the scope of these duties — and the powers available to carry them out — is essential for anyone serving as a trustee or challenging a trustee's actions.

Casey surfaces decisions defining the duty of loyalty, the prohibition on conflicts of interest, the duty to account, the standard of care for trust administration, and how courts enforced these duties through removal, surcharge, and other remedies.

Beneficiaries or trustees may seek to vary or terminate a trust when circumstances change, the trust becomes impractical, or all beneficiaries agree. Courts have the power to approve variations, but they must be satisfied that the change benefits all affected parties.

Casey returns cases analyzing the Saunders v Vautier rule, the requirement that all beneficiaries consent and are of full age and capacity, how courts handled requests when minor or unborn beneficiaries were involved, and the factors judges considered in approving or denying variations.