Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, December 24, 2020

Article: Stock Broker Mutation

Robert Flannigan recently published an article entitled,  Stock Broker Mutation, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract to the Article. Estate planning

The principle that agents are status fiduciaries does not apply to stock brokers in Canada. Though brokers are agents with respect to their trading function, the Supreme Court has said that their agent status does not make them accountable as status fiduciaries. I will explain how that mutation developed. I will show that the Supreme Court misconstrued the prior law, and that there is no present justification for the lesser accountability of stock brokers.


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