This paper focuses on family trusts. It provides background information on what they are, how they are created, and why they are created. It also discusses ways to pierce a trust to bring its property back under the matrimonial property regime, including revocation, the Statute of Elizabeth, fraudulent conveyances, and the doctrine of unjust enrichment. Steps to take to preserve a trust are also discussed, as well as limitations, laches, and acquiescence. Finally, future trends in trust litigation are highlighted.

This paper is part of a collection presented at LESA’s Matrimonial Property 2017 program held in Edmonton on February 14, 2017 and in Calgary on February 22, 2017.