Does a trustee have to intervene before a trustee intervenes in the transaction?

Alberta, Canada


The following excerpt is from Buckham v. Royal Bank of Canada, 1976 CanLII 320 (AB QB):

The facts in the case of Hunt v. Fripp, supra, cited by counsel for the respondent are virtually on all fours with the facts of the present case. It was held there that once the assignment has been served on the executors the transaction is complete even where the trustee intervenes before the bequeathed property has reached the hands of the bona fide equitable assignee.

Other Questions


Can a Minister be considered a trustee under s. 25 of the Tax Recovery Act? (Alberta, Canada)
Does a continuing relationship raise the presumption of undue influence in a transaction that benefits the person in whom the influence rests? (Alberta, Canada)
Is a trustee entitled to indemnity for all costs and expenses properly incurred in the due administration of a trust? (Alberta, Canada)
Does time remain of the essence in a real estate transaction? (Alberta, Canada)
What are the fiduciary obligations of an individual in a commercial transaction? (Alberta, Canada)
Does a punitive damages claim by a bankrupt pass to the trustee as property of the bankrupt? (Alberta, Canada)
What is the duty of the trustees of an estate to accept or reject an increased offer from a third party? (Alberta, Canada)
What is the contractual relationship between a surety and the trustee? (Alberta, Canada)
Does a finding of a constructive trust as a remedy retroactively impose a trustee - beneficiary relationship between parties? (Alberta, Canada)
Can a trustee in bankruptcy make use of provincial legislation in gathering in the assets of a bankrupt? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.