September 27, 2007

This paper will address a number of cases that have considered the Variation of Trusts (the “Act”). It is not hyperbole to state that there is a plethora of variation of trust cases. However, the cases chosen are either leading cases in the area or cases that show a unique set of circumstances in which the court either varied a trust or declined to do so.

As varying a trust is almost entirely within the discretion of the court, subject to “certain basic requirements”, it will quickly become apparent to the reader that whether a trust is varied often depends on the “luck of the draw” when it comes to the judge hearing the application. In other words, much depends on a judge’s unique biases and perspective. Such a comment is not meant to belittle the justice system or disparage our judiciary, but discretion is, and always has been, a fickle thing.

Read the full paper here: Variation of Trusts Act by Justin de Vries