How have courts interpreted language in a trust application?
Alberta, Canada
The following excerpt is from Rufenack v. Hope Mission, 2002 ABQB 1055 (CanLII):
There must be certainty of language for the creation of an express trust. Precatory words (expression of a wish) are insufficient to establish an intention to create a trust: Sutherland Estate v. Nicoll Estate, 1944 CanLII 70 (SCC), [1944] S.C.R. 253. In that case, notwithstanding the precatory language of the codicil, the daughter of the testator during her life time neglected and refused to disclose what her mother had said to her, thus there was no evidence aside from the precatory language in the codicil, which was referable to a trust.
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