What is the test for terminating a trust created by the last will and testament of a deceased person?

British Columbia, Canada


The following excerpt is from Ward v Roberts, 2017 BCSC 1768 (CanLII):

In Fargey v. Fargey, 2015 BCSC 721 [Fargey], the petitioner, M, sought an order terminating a trust in his favour created by the last will and testament of his grandfather. The will provided that if a child of the testator predeceased him, that child’s share was to be held in trust and invested, the capital to be divided among the grandchildren when each one reached 25. The petitioner, M, was 23 at the time of the proceeding. His sibling and co-petitioner, J, was 17.

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