In what circumstances will a husband and wife be able to exercise control of a discretionary trust where the wife is a named beneficiary?
Nova Scotia, Canada
The following excerpt is from Jachimowicz v. Jachimowicz, 2008 NSSC 325 (CanLII):
In Kachur v. Kachur, [2000] A.J. No. 1180, the asset in issue was a discretionary trust where the spouse was a named beneficiary. The trust was found to have been created with the intention that the other named beneficiaries would benefit entirely from the trust. The court accepted that the intention of the trust was entirely for the benefit of the children finding that the parties (husband and wife) had no interest.
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