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Courses/Law/Will and Estate Law

Ending or Changing a Trust

When and how termination and alteration of a trust can occur.

Created byIrwin Law
4.4
(20 reviews)
IntermediateUpdated Aug 26, 2020
Ending or Changing a Trust

What You'll Learn

check_circleExplain settlor's power to revoke trusts.
check_circleApply the rule in Saunders v Vautier.
check_circleIdentify grounds for setting aside a trust.
check_circleAnalyze trust amendment powers.
check_circleExamine statutory trust variation models.

About This Course

This course, "Ending or Changing a Trust", explores the various circumstances and legal principles governing when a trust can be brought to an end or significantly altered outside of its natural conclusion.

While trusts often end when property is fully distributed according to their terms, situations may arise where a trust needs to be terminated or modified prematurely. This course examines these possibilities, covering key legal doctrines and statutory provisions.

Topics covered include:

  • How a settler may initiate termination through a reserved power of revocation, and the critical legal requirements for its validity.
  • The application of the rule in Saunders v Vautier, allowing beneficiaries to compel early distribution and terminate the trust, including its scope, limitations, and exceptions.
  • Circumstances where a trust may be set aside by the courts due to fundamental issues like fraud, undue influence, or mistake.
  • Altering trust terms through express amendment powers contained within the trust document, understanding their scope and compliance requirements.
  • Judicial variation of trusts, examining the historical limitations at common law (conversion, maintenance, compromise, emergency).
  • Statutory avenues for varying trusts, including Trustee legislation, Rules of Court, and specific Variation of Trusts Acts, and the crucial 'benefit' test for court approval on behalf of certain beneficiaries.

By completing this course, you will gain a comprehensive understanding of the legal framework, governing principles, and practical considerations involved in ending or changing a trust, equipping you to navigate these complex scenarios effectively.

Your Instructors

Irwin Law
Irwin Law

https://twitter.com/irwinlaw

menu_book73 courses
star1,137 reviews

Books on law do not need to be difficult, dull, and costly. At Irwin Law Inc., our aim is to produce books of exceptional quality at affordable prices. We are determined to produce books that are modern, lively, and interesting, as well as clearly organized and attractively designed, at prices substantially lower than our competitors. Indeed, our books are accessible to students and legal practitioners alike, while maintaining the highest standards of excellence. As Canada's youngest law publisher, Irwin Law brings an innovative approach and fresh ideas to legal publishing. The company was established in 1996 - very recently in an industry whose roots go back to 1855. At its inception, Irwin Law Inc. was affiliated with the Stoddart Publishing Group. In 1999, Irwin Law was purchased by Quicklaw, Canada's leading online legal research service. The purchase was a natural, as Irwin Law had been among the first publishers to make its books available on the online database. However, when Quicklaw was purchased by LexisNexis Group in July 2002, Irwin Law needed to find new owners. The company was purchased by a small group led by Irwin Law's founding publisher, Jeffrey Miller. From its beginning, Irwin Law has strived to publish books that do more than outline the current state of the law. They analyze the complex issues of the day in a succinct and readable style and in a manner that is probing and thoughtful. Our books are accurate, comprehensive, and up-to-date. Indeed, all manuscript submissions are subject to peer review and our authors are among the leading law practitioners and professors in Canada and the world. Irwin Law brings to the marketplace books that whet the reader's curiosity, challenge established tradition, and create intellectual excitement.

Eileen E. Gillese
Eileen E. Gillese

Eileen E. Gillese, BA, BCL (Oxon) is a justice of the Court of Appeal for Ontario, a position that she has held since 2002. She served as a judge of the Superior Court of Justice from January 1999 until her elevation to the Court of Appeal. Prior to her appointment to the Bench, Justice Gillese served as professor and Dean of the Faculty of Law at the University of Western Ontario, where she taught Trusts, Property, Wills, Administrative Law, Pension Law, and Legal Research and Writing. Justice Gillese holds undergraduate and graduate law degrees from Oxford University, England, and a BComm from the University of Alberta. She has been a member of the Alberta and Ontario bars and has practised law in both jurisdictions. She was appointed a member of the Pension Commission of Ontario in 1988, served as its Vice Chair from 1989 to 1993, and Chair from 1994 to 1996. Justice Gillese was Chair of the Financial Services Commission and the Financial Services Tribunal in 1998.

Credit Information

Is this course eligible for my CPD requirements as a Canadian CPA?

Provincial regulators of CPAs in Canada do not require that independent providers of CPD be approved to offer courses. Instead, individual CPAs are responsible for assessing whether a CPD activity meets their requirements, and may take activities from any source provided those requirements are met.

Every course offered on LearnFormula is delivered by a qualified subject matter expert or learning organization, and advances learning objectives that are relevant to the responsibilities or professional competencies of Canadian CPAs. All activities on LearnFormula are quantifiable in terms of hours, and are also verifiable, in that users receive documented evidence of their attendance via a certificate of completion after finishing a course (and this certificate is stored by LearnFormula indefinitely). Nearly 100,000 Canadian CPAs successfully satisfy their CPD requirements via LearnFormula on an annual basis.

What Students Are Saying

4.4
Student's Choice
20 reviews

Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.