Trusts

Total 212 Posts

Alter Ego Trusts: Every Rose Has Its Thorns

This article was first published in STEP Insider. Historically, individuals have taken comfort in the knowledge that their last will and testament is a statement of their final wishes for the disposition of their accumulated wealth. However, in the face of increasing wills litigation and fees payable in connection with obtaining probate, advisers are now seeking planning alternatives to traditional wills. One such alternative is the alter ego trust, a….

Alter Ego Trusts: Every Rose Has Its Thorns Continue Reading »

Trusts

Can You be Removed as a Trustee Without a Replacement?

The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….

Can You be Removed as a Trustee Without a Replacement? Continue Reading »

Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, Wills

Secret and Semi-Secret Trusts: An Unusual Approach to Testamentary Dispositions – Part II

Guest written by Giancarlo Mignardi, Student-at-Law at Fasken Martineau DuMoulin LLP Last week, I provided an overview of secret and semi-secret trusts, as well as the legal framework that allows for their existence. Today, I will discuss some of the practical uses of such trusts in modern estate-planning, as well as some of the difficulties that arise in proving these trusts. As will be noted, while these unique arrangements can….

Secret and Semi-Secret Trusts: An Unusual Approach to Testamentary Dispositions – Part II Continue Reading »

Trusts

Fiduciary Investing Series – Fun, fun, funds

This blog has been written by Robert Boyd, Director, Scotiatrust. Mutual Funds, Hedge Funds and Exchange Traded Funds (ETFs) are all well known to the general public and reasonably well understood investment vehicles, however there is a trust specific fund that has fallen out of favour in recent years, somewhat unduly in my view. Common Trust Funds (CTFs) are a type of pooled fund that can be created under trust….

Fiduciary Investing Series – Fun, fun, funds Continue Reading »

Estate Administration, Investments, Trusts

Secret and Semi-Secret Trusts: An Unusual Approach to Testamentary Dispositions – Part I

Guest written by Giancarlo Mignardi, Student-at-Law at Fasken Martineau DuMoulin LLP When we think about testamentary gifts, we typically think of outright gifts, and testamentary trusts, both of which are typically set out in the terms of a Will. However, there is another, lesser-known option: the secret (and semi-secret) trust. This week and next, I’ll explore the use of secret and semi-secret trusts––what they are, how they have been historically….

Secret and Semi-Secret Trusts: An Unusual Approach to Testamentary Dispositions – Part I Continue Reading »

Trusts

Transferring Wealth During Your Lifetime

I was reading recently that approximately $30-trillion in assets will be shifting from one generation to the next across North America in the next few decades, according to consulting firm Accenture. A couple of years ago, I wrote about gifting cash or assets during one’s lifetime as an alternative method of distributing your wealth and possibly avoid taxes at time of death. Though there is no inheritance tax in Canada….

Transferring Wealth During Your Lifetime Continue Reading »

Business Succession Planning, Estate Planning, Investments, Loans, Philanthropy/Charitable Giving, Probate Tax, Real Estate, Succession Planning, Tax Issues, Trusts, Uncategorized
Scroll to Top