DE LA RENONCIATION A UNE FIDUCIE PERSONNELLE

Authors

  • JOCELYN DUBE

Abstract

In Québec civil law, a basic purpose is vital for the existence of a trust patrimony. Since the use made of the settlor's property must always meet this purpose, the existence of the trust patrimony is constantly under threat. Generally in personal trusts the purpose will be the protection of one or more beneficiaries. This article is based upon the general postulate that when the protection which is sought is no longer needed, the trust loses its purpose and, as a result, it must be terminated. Thus the crucial issue has to do with the effects of the renunciation of the beneficiary on the trust, an institution limited in time. The author reaches the conclusion that renunciation, in itself, does not terminate the trust, although it may well terminate it, especially if it denotes that the use made of the property no longer meets the purpose. The goal of this article is to propose, with regard to the decision to terminate a trust, an approach which will take into account the reality of the beneficiaries and at the same time will focus on the intent of the settlor, namely by presuming such intent in the interpretation of the trust deed.

Keywords:

Trust Law

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Published

2002-08-01

Issue

Section

Legal Commentary