Business Succession Planning

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Estate Freeze & U.S. Citizens

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Scotiatrust

Before recommending an estate freeze to a client, advisors should first ask them a simple question: Are you a U.S. citizen? By failing to ask this question, advisors may be overlooking significant cross-border tax implications. While an estate freeze can be an effective tool for succession planning, it can come with a number of complex and sometimes punitive U.S. tax consequences when the freezor is a U.S. citizen. This article….

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Business Succession Planning, Estate Planning, Tax Issues, U.S. Citizen, United States, US Taxes

Dust Off The Shareholders’ Agreement

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It is common to suggest shareholders enter into a shareholders’ agreement, where each shareholder assumes certain rights and obligations relating to the business of the corporation. The shareholders’ agreement typically includes provisions dealing with the management of the business and future transfers of shares upon death or other circumstances. Unfortunately, once the shareholders’ agreement is signed, it is often filed in the corporate minute book and never reviewed by the signatories. There….

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Business Succession Planning, Contracts, Estate Planning, Succession Planning

Succession of the Family Business – Don’t Overlook Governance

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Successful entrepreneurs often view the family business as the crown jewel to their legacy for the next generation(s). As such, succession planning for the family business and preserving the family’s wealth is always a top priority and often encompasses tax and estate planning. Implementing a succession plan that will ensure the continuation of the family business while preserving the family’s wealth can be challenging for professional advisors who are assisting….

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Business Succession Planning, Estate Planning, Family Conflict

Farm Succession – The Numbers Are Telling

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At least once in your life you’ll need a doctor, a lawyer and a preacher. But every day, three times a day, you need a farmer (Brenda Schoepp). Farming plays a pivotal role in our economy as it fulfills our basic daily necessities and it is in everyone’s interest that our Canadian farms continue to prosper in the future. According to the Statistics Canada 2021 Census of Agriculture (the “Census”)[1] There….

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Business Succession Planning, Family Conflict

(Not So) Happy Little Accidents: The Legal Legacy of Bob Ross

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Last weekend my husband and I settled in for a typical Sunday night at home – cozy on the couch with a good Netflix documentary. We decided to watch “Bob Ross: Happy Accidents, Betrayal and Greed”. What I didn’t expect was that not even 15 minutes into the documentary, I’d find myself running back to my office to….

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Business Succession Planning, Contracts, Estate Litigation, Estate Planning, Succession Planning, Trusts

A Will of Its Own: Additional Wills for Unusual Assets

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Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of Estate Trustee (formerly “probate”), and a Secondary Will that deals with assets that can be distributed without the requirement of….

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Business Succession Planning, Estate Administration and Probate Applications, Estate Planning, Wills
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