What is the test for establishing that a trustee has a real interest in the interests of an infant and unborn beneficiary?
Alberta, Canada
The following excerpt is from Samoil v. Samoil, 1999 ABQB 526 (CanLII):
Regarding the first test as set out in s. 42(7) of the Trustee Act, Hutchinson J., in Salt v. Salt Estate (1986) A.J. No. 543 (A.B.Q.B.), states that whereas the potential interest of the infants and unborn beneficiaries is very likely remote, it is nonetheless real, and deserves some protection.
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