The new Trustee Act updates and alters Alberta’s legislated approach to the variation and termination of trusts. This presentation explores the new trust variation and termination provisions and discusses some of the key changes.  

The revamped Trustee Act came into force on February 1, 2023. Lawyers practicing in wills and estates will need to understand the impacts of the new legislation and how it affects their own practices and their clients. Topics addressed in this webinar include: the pre-eminence of the trust instrument and the settlor’s intent (including use of extrinsic evidence), variation of trusts, temporary trustees, and principles of good trusteeship in light of the new Act.

The new Trustee Act updates and changes Alberta’s legislated approach to the variation and termination of trusts. This paper provides an overview of the new trust variation and termination provisions and discusses some of the key changes. This paper was presented at LESA’s The New Trustee Act webinar on March 7, 2023.

This paper explores sections 37, 38, and 39 of the Wills and Succession Act (WSA) and examines Alberta’s dispensing and rectification powers in regards to their application, scope, and relationship to one another. This paper is part of a collection presented at LESA’s Drafting Considerations for Wills & Estates Practitioners program in Edmonton on November 7, 2019 and in Calgary on November 14, 2019.