Belhumeur et al. v. Becker Estate, 2003 SKQB 195

• Judge: Klebuc, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 24, 2003
• Jurisdiction: Saskatchewan
• Citations: 2003 SKQB 195;(2003), 235 Sask.R. 161 (QB)

Belhumeur v. Becker Estate (2003), 235 Sask.R. 161 (QB)

MLB headnote and full text

Temp. Cite: [2003] Sask.R. TBEd. MY.060

Lenore Belhumeur and Jo-Anne Becker (applicants) v. The Canada Trust Company, Executor of the Estate of Joyce Darlene Becker (respondents)

(2002 Q.B.G. No. 2075; 2003 SKQB 195)

Indexed As: Belhumeur et al. v. Becker Estate

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Klebuc, J.

April 24, 2003.

Summary:

The deceased's will directed that two-thirds of the interests in her estate which were left to two of her daughters were to be held in trust, with one-half of the trust assets to be distributed on the fourth anniversary of the deceased's death and the remaining assets to be distributed on the eighth anniversary of the deceased's death. However, if the daughters committed an act of dispossession or died before the trust assets were distributed, the income and capital of their trust would be distributed to their issue "per stirpes". The daughters applied for an order under s. 2 of the Variation of Trusts Act revoking the trusts and directing a distribution of the trust assets.

The Saskatchewan Court of Queen's Bench dismissed the application.

Trusts - Topic 8060

Variation of trusts - Grounds for variation - Benefit to beneficiaries - General - The deceased's will directed that two-thirds of the interests in her estate which were left to two of her daughters were to be held in trust, with one-half of the trust assets to be distributed on the fourth anniversary of the deceased's death and the remaining assets to be distributed on the eighth anniversary of the deceased's death - However, if the daughters committed an act of dispossession or died before the trust assets were distributed, the income and capital of their trust would be distributed to their issue "per stirpes" - The daughters, each of whom had two children, applied for an order under s. 2 of the Variation of Trusts Act revoking the trusts and directing a distribution of the trust assets - The Saskatchewan Court of Queen's Bench dismissed the application where the daughters had not proved on a balance of probabilities that the proposed revocations would be for the benefit of persons on whose behalf the court must act or provide judicial approval.

Trusts - Topic 8521

Termination of trusts - Revocation - General - [See Trusts - Topic 8060 ].

Cases Noticed:

Weston's Settlements, Re, [1968] 3 All E.R. 338 (C.A.), refd to. [para. 11].

Irving, Re (1975), 66 D.L.R.(3d) 387; 11 O.R.(2d) 443 (H.C.), refd to. [para. 11].

Packet Estate v. Public Trustee (Sask.), [1986] 6 W.W.R. 285; 50 Sask.R. 263; 23 E.T.R. 111 (C.A.), refd to. [para. 11].

Ridalls Estate, Re (1983), 24 Sask.R. 16; 14 E.T.R. 157 (Q.B.), refd to. [para. 11].

Ridalls' Estate v. Co-operative Trust Co. of Canada - see Ridalls Estate, Re.

Dent Estate, Re (1984), 37 Sask.R. 7; 18 E.T.R. 252 (Surr. Ct.), refd to. [para. 11].

Lambert v. Lambert Estate, [1982] S.J. No. 41 (Q.B.), refd to. [para. 12].

Tinker's Settlement, Re, [1960] 3 All E.R. 85, refd to. [para. 12].

Remnant's Settlement Trusts, Re, [1970] 2 All E.R. 554, refd to. [para. 12].

Zekelman, Re, [1971] 3 O.R. 156 (H.C.), refd to. [para. 12].

Tweedie Estate, Re, [1976] 3 W.W.R. 1 (B.C.S.C.), refd to. [para. 12].

Assie Estate, Re (1985), 45 Sask.R. 124 (Q.B.), refd to. [para. 13].

Assie Estate, Re (1985), 42 Sask.R. 262 (Q.B.), refd to. [para. 15].

Buob Estate, Re, [2001] 2 W.W.R. 280; 253 A.R. 44; 86 Alta. L.R.(3d) 250 (Q.B.), refd to. [para. 15].

Samoil v. Buob Estate - see Buob Estate, Re.

Kunater, Kunater and Kunater v. Royal Trust Corp. of Canada (1980), 23 B.C.L.R. 287 (S.C.), refd to. [para. 19].

Authors and Works Noticed:

McTavish, Willson A., and Anger, Ronald R., Variation of Trusts: The Official Guardian's View (1988-89), 9 Estates and Trusts Journal 132, p. 149 [para. 13].

Waters, Donovan W.M., Law of Trusts in Canada (2nd Ed. 1984), p. 1079 [para. 13].

Counsel:

Keir J.M. Vallance, for the applicants;

Lorna J. Chomyn, for the Public Trustee.

This application was heard before Klebuc, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on April 24, 2003.