Can an Alberta court vary or end a trust early?

This answer covers the law of Alberta.

Whether a trust can be changed or ended early depends on the wording of the trust and on your situation, and a minor's trust, for example, may continue beyond 18 depending on the wording of the will, court order or settlement document. The trust document is the first place to look, because funds are paid out at 18 or at the age the trust document specifies, and the Public Trustee cannot change that age.

Under Alberta's Trustee Act, the trust instrument, such as a will, prevails over a contrary provision of the Act unless the Act provides otherwise, though some rules, such as section 84, cannot be overridden. A trustee who is unsure what to do can apply to the court for directions, and following them discharges the trustee's duty unless they were obtained by fraud, wilful concealment or misrepresentation.

Courts can also hear applications where a trustee or beneficiary says a duty was not performed, and may order performance or remove the trustee. Whether all beneficiaries together, or the Court, can vary or end the trust itself depends on its terms and who is entitled, so get legal advice before acting.