In what circumstances will a will begin with an absolute gift and end with a trustee for another beneficiary?
British Columbia, Canada
The following excerpt is from Walt Estate v. Williams, 1997 CanLII 4380 (BC SC):
Where a will begins with an absolute gift, in order to cut it down and make the beneficiary a trustee for another, the latter part of the will must show as clear an intention to cut down the absolute gift as the first part does to make it: McIsaac v. Beaton (1905), 1905 CanLII 82 (SCC), 37 S.C.R. 143 at 149. In the present case, this test is not satisfied.
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