Some argue that not all people requiring fiduciary services can afford or qualify for those services from trust companies, and so other corporations should be permitted to provide fiduciary services. The Commission finds that current legislation ensures that the fullest protection comes from trust companies and that there is no need to allow other corporate fiduciaries to provide these services.
Saunders v. Vautier established the rule that beneficiaries of a trust can call upon the trustee to terminate the trust and distribute the trust property as they direct. The Commission’s recommendation is to abolish this rule in Saskatchewan by amending The Variation of Trusts Act. The Commission believes that modification of a trust should occur only with court approval under the Act.