Joint and several trusts
"Joint and several trust" is not a type of trust. The phrase usually refers to the liability of co-trustees. Co-trustees generally must act unanimously, and a trustee who participates in a breach is jointly and severally liable for the loss, but is not automatically liable for a co-trustee's breach it did not take part in or enable.
How BC law treats it
Trustee powers, duties and relief from liability in BC are governed by the trust instrument, the common law and the Trustee Act, RSBC 1996 c 464.
What it means for your business
Business owners acting as trustees of a family trust holding company shares must actively supervise trust decisions.
Risks and common mistakes
A passive co-trustee who lets another trustee control assets without oversight can be liable for enabling a breach.
For the full explanation, see our entry on Trusts.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
