DRAFTING AND ATTACKING A CHARGING CLAUSE IN A WILL.

Trustees are normally paid according to the prevailing tariff adjusted on the traditional "five factors". This is not always the case; some wills provide a "charging clause" setting out a formula fixing remuneration. Such charging provisions may reflect an agreement between the testator and his or her prospective estate trustee, often a trust company or the drafting solicitor. This paper considers the provisions of the provincial Trustee Act in respect of such provisions and the court's jurisdiction in respect of their validity and enforcement. [ABSTRACT FROM AUTHOR]