N.S. (Re)

N.S. (Re)

The court granted the variation: delaying capital distribution until each beneficiary attains age 25 (with co‑trustee status at 19) is for the benefit of the infant beneficiaries under the Variation of Trusts Act; the court has jurisdiction to approve a delay beyond majority where the arrangement is fit and beneficial, and such approval does not alter or negate beneficiaries' rights under Saunders v. Vautier.

Citation
2007 NSSC 288
Parties
Applicant Trustee: S.D.; Applicant Trustee: D. T.; Infant Beneficiary: N.S.; Infant Beneficiary: A.J.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 October 2007
Procedural Posture
Application Under the Variation of Trusts Act (testamentary Trusts) / Decision on Application
Outcome
Application granted (trusts varied)
Legal Topics
Variation of Trusts, Testamentary Trusts, Beneficiaries' Rights, Saunders V. Vautier Rule, Litigation Guardian Representation
Source Language
English
Trusts Estate Law Civil Procedure Variation of Trusts Testamentary Trusts Beneficiaries' Rights Saunders V. Vautier Rule Litigation Guardian Representation

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Parties

S.D.

Applicant Trustee

D. T.

Applicant Trustee

N.S.

Infant Beneficiary

A.J.

Infant Beneficiary

Procedural Posture

Application Under the Variation of Trusts Act (testamentary Trusts) / Decision on Application

Legal Issues

  1. 1 Whether the court may delay capital distribution of testamentary trusts beyond the age of majority under the Variation of Trusts Act
  2. 2 Whether the proposed variation is for the benefit of infant beneficiaries as required by s.3 of the Act
  3. 3 Whether the court must preserve the settlor's basic intention when approving a variation

Ratio Decidendi

The court granted the variation: delaying capital distribution until each beneficiary attains age 25 (with co‑trustee status at 19) is for the benefit of the infant beneficiaries under the Variation of Trusts Act; the court has jurisdiction to approve a delay beyond majority where the arrangement is fit and beneficial, and such approval does not alter or negate beneficiaries' rights under Saunders v. Vautier.

Court Disposition

Application granted (trusts varied)

Orders

  • Capital distribution of each testamentary trust delayed until each beneficiary attains age 25 years
  • Each beneficiary shall become a co‑trustee of his or her respective trust upon attaining age 19 years