Is a bare trust a "bare trust"?
British Columbia, Canada
The following excerpt is from Zimmerman v Maximick, 2021 BCSC 1741 (CanLII):
A bare trust exists when a person is vested with legal title to property but does not have any independent duties, responsibilities, or powers to exercise as the trustee. The bare trustee’s only responsibility is to carry out the instructions of the beneficiary of the trust. If a trustee does not have to accept instructions from the beneficiary, or if the trustee has any significant powers or responsibilities, then she is not a bare trustee: Scoretz v. Kensam Enterprises Inc., 2018 BCCA 66 at para. 33.
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