Does a beneficiary have an immediate possessory interest in a property in a bare trust?
British Columbia, Canada
The following excerpt is from Chung v Chung, 2018 BCSC 1126 (CanLII):
If, upon an examination of the terms of the trust, there is a bare trust and the beneficiary is entitled to conveyance of the legal title to the property, then the beneficiary has an immediate possessory interest. Conversely, if the trust gives management and control to the trustee, the beneficiary cannot demand partition and thereby vary the terms of the trust: Pallot v. Douglas, 2015 BCSC 1296 at para. 37.
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