What is the test for establishing a trust in a personal injury case?
Manitoba, Canada
The following excerpt is from Mathers v. Murnane, 1996 CanLII 18257 (MB QB):
As per Kerwin, J., in Hayman v. Nicoll, [1944] S.C.R. 253, at 256: "... it is undoubted that in certain circum stances a testator may bequeath a sum of money to an individual upon trust for purposes not appearing in the testamentary document but disclosed by him to the trustee and acquiesced in by the latter either expressly or tacitly, and that parol evidence is admissible to establish the trust."
"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
Is the court’s position on costs for personal injury cases in the context of the case management system? (Manitoba, Canada)
What considerations must be considered in the context of a motion for summary judgment in a personal injury case? (Manitoba, Canada)
What are the implications of a plaintiff’s new pleadings in a personal injury case? (Manitoba, Canada)
What is the test for new evidence in a personal injury case? (Manitoba, Canada)
What is the definition of a "factual situation" in a personal injury case? (Manitoba, Canada)
What is the applicable standard of review for the appeal of a decision in a personal injury case? (Manitoba, Canada)
What is the range of damages for battery and sexual assault in a personal injury case? (Manitoba, Canada)
Is the Respondent entitled to reasonable costs in a personal injury case? (Manitoba, Canada)
What is the test for determining the range of general damages in a personal injury case? (Manitoba, Canada)
What constitutes a scandalous pleading in a personal injury case? (Manitoba, Canada)
