What is the test for revocation of a trust?

Ontario, Canada


The following excerpt is from Khavari v Mizrahi, 2016 ONSC 101 (CanLII):

Second, the principle in Saunders v. Vautier operates in the circumstances in which a settlor has made an absolute transfer of property to a trustee to be held in trust for a third party beneficiary pending the satisfaction of certain conditions. If, however, the settlor and the beneficiary of a trust are the same party, the issue becomes a simple matter of the contractual interpretation of the agreement that governs the relationship between the settlor/beneficiary and the trustee. If the settlor/beneficiary reserved a power of revocation, courts will enforce it. If the settlor/beneficiary failed to do so, there is no element of unfairness that compels a court of equity to intervene. Indeed, doing so would re-write the trust agreement to the potential prejudice of the trustee.

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