Summary

Making sure that you and your loved ones are protected is of the utmost importance. BLG’s Estates and Trusts Group offers you a full range of services to help you implement plans for your protection and the protection of dependent relatives in the event of death or incapacity. We offer you expertise in advising family-owned businesses on business succession, taking into account relevant taxation issues and other associated costs.

The Estates and Trusts Group offers you substantial expertise in all facets of estate planning, with regard to domestic and offshore income tax issues and matrimonial issues. We can also advise you with the protection of a disabled child or relative. We offer the expertise to assist you in the role of a trustee of a trust, or as an executor or liquidator of an estate.

We have assisted clients on a range of disputes, including contested wills, trust and will interpretation, passing of accounts, variations and terminations of trusts, dependent’s support and family patrimony claims, solicitor’s negligence claims and capacity disputes. When disputes arise with regard to trusts, estates and incapable persons, we assist with reaching a satisfactory settlement through negotiation, which saves time, expenses, and preserves relationships and confidentiality. We have deep expertise in alternative forms of dispute resolution such as mediation and arbitration.

Publications

Rankings & Recognition

The Estates and Trusts Group or its members are recognized:

  • In the 2016 edition of Chambers Canada.
  • In The Best Lawyers in Canada® 2016.
  • In The 2015 Canadian Legal Lexpert® Directory.

Representative Work

  • Acted for CIBC Trust Corporation as proposed co-guardian, in obtaining Court approval of a Management Plan in a guardianship of property application (Abrams v. Abrams et al [August 5, 2011] Court File No. 03-003/08 (O.S.C.J.), per Penny, J.).
  • Successful constitutional challenge on behalf of Québec common law spouse for right to support in case known as Lola v. Eric. (Droit de la famille - 102866, 2010 QCCA 1978; on appeal to Supreme Court of Canada).
  • Represented trustees in a case on the law applicable to entitlement to accounting of Québec trusts administered in Alberta (Webster-Tweel v. Royal Trust Corporation of Canada, 2010 ABQB 139).
  • Presented arguments on the Québec law of trust regarding the liquidation of defrauded investment unit funds constituted as trusts (Fonds Norbourg Placements Équilibrés (Re), [2006] R.J.Q. 1848, upheld on appeal).
  • Developed innovative multiple wills strategies that have allowed our clients in British Columbia and Ontario to save significant probate fees.
  • Acted for a foreign institutional trustee of an offshore trust with Canadian resident beneficiaries in a novel restructuring to minimize the incidence of Canadian tax.
  • Acted for a spouse in a contentious marital breakdown in determination of entitlements where majority of assets held in trust vehicles.
  • Created corporate and trust structures to successfully transfer wealth in a tax-efficient manner to successive generations while maintaining control with the family’s business leaders.
  • Counsel to the Children’s lawyer in Re Kaptyn Estate.
  • Act for Canadian and U.S. citizens on the cross border tax implications of their trust and estate plans, including the use of trusts to hold U.S. real property or securities.
  • Advise donors and charitable foundations on the implications of various gifting and investment strategies including gifts of flow through and publicly listed securities, the use trusts to hold limited partnership interests, loans and guarantees by foundations and disbursement quota reform.