Correcting the Terms of Trusts and Wills in Canada

February 10, 2016 | Amanda J. Stacey, Carla Figliomeni | Toronto

Practical Law, December 1, 2015

This article outlines how wills and trusts can be varied throughout Canada and provides an overview of the legal mechanisms that beneficiaries and trustees can use when a document has different consequences to those originally intended. This article is in three parts:

  • Part I considers the variation of wills under various provincial states and the common law.
  • Part II considers the variation of trusts under various provincial states and the common law.
  • Part III focuses on the recent UK Supreme Court decision in Futter v Futter and Pitt v Holt and its implications for the doctrine of mistake in Canada.