What is the test for disallowance in a trust?
Saskatchewan, Canada
The following excerpt is from Proctor v. Bentley, 1929 CanLII 103 (SK CA):
In Hoover v. Wilson (1897) 24 O.A.R. 424, the same learned Judge at p. 426, puts this more clearly, in the following words: If the care and pains [i.e., taken by the trustee] have been used and applied not for the advantage of the trust but dishonestly and for the trustee’s own benefit, then there may be a proper case for disallowance.
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