Easingwood v. Cockroft, 2013 BCCA 182, found that an Attorney under a general power of attorney could establish an inter vivos trust on behalf of the grantor of the power. If an Attorney creates an alter ego or joint partner trust for the benefit of the grantor of the power, and transfers capital property of the grantor to the trust, will s. 73(1.01) apply? CRA responded:
… Easingwood does not stand for the general proposition that an Attorney may create such trusts for the grantor of a Power of Attorney for Property. … CRA would expect that an Attorney that is contemplating the creation of an alter ego trust would seek the affirmation of the applicable court that the particular terms of the Power of Attorney for Property provide for such a power and that the terms of the proposed trust conform with the terms of the existing will and any other relevant agreements.