Ready to Rumble: Law of Trusts vs. Law of Contracts

In a battle that dates back to the Medieval Ages, two bitter rivals are back at it again. The location of the latest bout is British Columbia’s Court of Appeal. Get your popcorn ready folks.

Trust law is out for blood, citing the duty to account and the rule in Saunders v. Vautier. The Law of Contracts has some heavy hitters in its corner: an agreement, contractual intention, and the legal concept of consideration. Let’s get one thing straight before we continue – there is no consideration or love lost between these two.

Read more here.

If you would like to submit content or write an article for the Estate Planning & Administration Section, please email Kara Sikorski at ksikorski@indybar.org.