Trust and settlement variations on behalf of beneficiaries

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Glossary Accessibility

A trust may be varied with the consent of all the beneficiaries of the trust, provided they are of age and mentally competent. However, when the beneficiaries of the trust include children/youth under the age of 19, unborn or unidentified persons, or persons lacking mental capacity, an application to approve a variation of the trust on their behalf must be brought under the Trust and Settlement Variation Act.

The PGT’s role in trust and settlement variations involving beneficiaries

In these circumstances, anyone applying to vary a trust under the Trust and Settlement Variation Act must serve the Public Guardian and Trustee (PGT) with the following, no less than 10 days before the date of the application:

  • Notice of the application in writing
  • A copy of the material filed in support of the application

We generally provide written comments on the proposed arrangement to legal counsel acting for the applicant, which counsel provides to the court. Counsel for the PGT may appear at the hearing and seek appointment under the Supreme Court Civil Rules to represent the beneficiary. The PGT is entitled to any costs that the court may order.

Applications under the Trust and Settlement Variation Act are complex and time-consuming. Please provide us with as much notice as possible so we can quickly address any concerns. We review the application and material to:

  • Consider how the proposed arrangement will affect the interests of the beneficiary
  • Ensure the beneficiary will receive a tangible benefit from the proposed arrangement

How to serve notice of a trust and settlement variation on the PGT

Please submit your notice and payment online. See Referrals and Submissions. If you are not able to submit online or run into any difficulties making your submission, please contact us at cyslegal@trustee.bc.ca for assistance.

Fees and expenses

The PGT charges a fee of $787.50 ($750.00 plus 5% GST) to review an application under the Trust and Settlement Variation Act. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.

If we retain counsel, we will seek payment of counsel’s fees from the estate.