WEL Blog & Newsletter
By Albert Oosterhoff
February 14th, 2024
Does the Court Have Jurisdiction to Vary or Terminate a Charitable Trust?
The answer to the question is Yes. But the jurisdiction must be exercised sparingly and not indiscriminately. Further, the Public Guardian and Trustee in Ontario or the Attorney General in other provinces has a right to attend and to be heard.
The question raised in the title is not raised that often, but it is an important one, I’d like to address it by reference to two cases…
Whaley Estate Litigation Partners (WEL Partners) is a Toronto based Trusts & Estates Litigation boutique practicing exclusively in estate related matters throughout Ontario. WEL advises Estate Trustees, Trustees, Attorneys, Guardians and Fiduciaries on their duties and obligations arising both at common law and legislatively. WEL focuses on opinions, dispute resolution, litigation and mediation of estate, trust and related matters including related issues of undue influence, decisional capacity, fraud, forgery, suspicious circumstances and technical breaches respecting testamentary instruments. WEL advises on wills, estates, trusts, gifts, powers of attorney, guardianship, on financial abuse, predatory marriage, elder abuse, end-of-life treatment decisions, medical assistance in dying, and elder law.
Whaley Estate Litigation Partners, Toronto
