Forsythe Estate (Re)

Forsythe Estate (Re)

The application to vary or reinterpret the trust was dismissed because the proposed uses (scholarships and post-secondary education assistance) do not align with the settlor's expressed intention to assist 'needy' members (interpreted as poverty‑stricken or destitute), the variation would risk prejudicing contingent and unborn beneficiaries and fundamentally alter the trust's objects, and cy-près relief was inapplicable because the trust's performance was not impossible; additionally, lack of notice to sui juris beneficiaries undermined approval of a variation.

Citation
2001 NSSC 37
Parties
Deceased Settlor/beneficial Owner: Estate of Laura Alfretta Forsythe; Applicant/trustee and Executor: H. Greg Ross; Class of Potential Beneficiaries/interested Persons: Members of The Church of Jesus Christ of Latter-Day Saints, Kentville Ward
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 March 2001
Procedural Posture
Application to Vary And/or Interpret Trust and Will / Ex Parte Originating Application (application Heard in Chambers)
Outcome
Application dismissed.
Legal Topics
Variation of Trust, Trust Construction, Cy Près Doctrine, Trustee Powers, Notice to Beneficiaries
Source Language
English
Trusts Estates and Probate Civil Procedure Charitable Trusts Variation of Trust Trust Construction Cy Près Doctrine Trustee Powers +1 more

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Parties

Estate of Laura Alfretta Forsythe

Deceased Settlor/beneficial Owner

H. Greg Ross

Applicant/trustee and Executor

Members of The Church of Jesus Christ of Latter-Day Saints, Kentville Ward

Class of Potential Beneficiaries/interested Persons

Procedural Posture

Application to Vary And/or Interpret Trust and Will / Ex Parte Originating Application (application Heard in Chambers)

Legal Issues

  1. 1 Whether the court should vary the trust under the Variation of Trusts Act and Trustees Act to permit trustee and his family to benefit
  2. 2 Whether scholarships or post-secondary education assistance fall within the trust phrase 'assistance to any needy members'
  3. 3 Whether cy-près doctrine applies

Ratio Decidendi

The application to vary or reinterpret the trust was dismissed because the proposed uses (scholarships and post-secondary education assistance) do not align with the settlor's expressed intention to assist 'needy' members (interpreted as poverty‑stricken or destitute), the variation would risk prejudicing contingent and unborn beneficiaries and fundamentally alter the trust's objects, and cy-près relief was inapplicable because the trust's performance was not impossible; additionally, lack of notice to sui juris beneficiaries undermined approval of a variation.

Court Disposition

Application dismissed.

Orders

  • Application to vary or interpret the trust is dismissed.