Can a beneficiary who was an adult, of sound mind, and entitled to the whole beneficial interest in a trust, compel the trustee to transfer the trust property to him?
Saskatchewan, Canada
The following excerpt is from Johnston Estate, Re, 1984 CanLII 2265 (SK QB):
It can therefore be said that there were three situations in which the rule in Saunders v. Vautier operated: 1. A beneficiary who was an adult, of sound mind, and entitled to the whole beneficial interest could require the trustee to transfer the trust property to him; 2. Several concurrently interested beneficiaries who were all adult, of sound mind, and between them entitled to the whole beneficial interest could collectively compel transfer; and 3. Several beneficiaries who were entitled in succession, whether their interests were vested or contingent, could combine to require transfer, provided they were all adult, of sound mind, and between them entitled to the whole beneficial trust interest.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a trustee or mortgagee advance his own money to preserve trust property to preserve the trust property? (Saskatchewan, Canada)
Is an owner of a property entitled to make a sale of the property himself notwithstanding that he has listed the property with an agent? (Saskatchewan, Canada)
Does the value of a jointly owned property have to be discounted because the wife’s sister has a joint interest in the property? (Saskatchewan, Canada)
When competing interest in a property is expressed in a caveat, can the first purchaser of the property, who filed a caveat at the same time as the second, have priority to the first? (Saskatchewan, Canada)
Are proceeds of stock sold in cash to the trustee entitled to be returned to the Trustee? (Saskatchewan, Canada)
Is a school trustee entitled to hold his office as a trustee in a rural school district where he lives and works his farm? (Saskatchewan, Canada)
What is the effect of an agreement where an agent is required to pay a commission to a potential buyer of a property if the property is purchased directly or indirectly? (Saskatchewan, Canada)
Can an assignee make a payment to the mortgagor of a property in order to get a case out of the provisions of the Property Tax Act? (Saskatchewan, Canada)
In what circumstances have the courts found that a joint owner of a homestead can transfer interest in the homestead without the consent of the wife? (Saskatchewan, Canada)
In what circumstances will a vendor's relation with the purchaser of an estate under a contract be considered to be that of a trustee and cestui que trust? (Saskatchewan, Canada)
