Trusts

Total 220 Posts

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

• • 0 Comments

Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills

Examining a Non-Party for Discovery: The Legal Test

• • 0 Comments

In an action, examinations for discovery typically involve the parties to the proceeding being examined by counsel. However, there may also be other people who are not parties to the proceeding that have knowledge or information that is relevant to the issues in dispute. Where a party seeks to examine for discovery someone like that, the Court may grant leave for them to do so under certain circumstances. This is….

Examining a Non-Party for Discovery: The Legal Test Continue Reading »

Estate Litigation, Family Conflict, Joint Tenancy, Property, Trusts

The Substance Rule: Lang-Newlands v Newlands

• • 0 Comments

This blog has been written by Darren Lund, Partner at Fasken LLP I previously blogged about the trial level decision Newlands: A New Interpretation of Estate Freezes in the Family Courts? and a subsequent motion Newlands Revisited: Moving to the Appeal in Lang-Newlands v. Newlands, a family law case that dealt extensively with equalization claims in the context of intergenerational wealth planning involving multiple estate freeze transactions. The Ontario Court of Appeal….

The Substance Rule: Lang-Newlands v Newlands Continue Reading »

Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

When is a Family Trust a Family Asset in a Divorce in Ontario?

• • 1 Comment
Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   Family Trusts and the Family Law Act Family trusts are popular tools for estate planning, asset protection, and intergenerational wealth transfer in Ontario.  However, during a divorce, they can become contentious:  is the trust an asset that is subject to an equalization between the spouses?  Can the assets in the trust be used to determine….

When is a Family Trust a Family Asset in a Divorce in Ontario? Continue Reading »

Courts, Family Conflict, Trusts

Co-ownership Agreements: Another Tool in the Planner’s Toolkit

• • 0 Comments

I wrote last summer about the use of cottage trusts as a planning tool. As cottage season is upon us again, I thought I’d write about another useful tool in the planner’s toolkit, particularly where several members of a generation are likely to share ownership of a cottage property: the co-ownership agreement. While it’s important to consider the mechanics of transferring a family property to the next generation, it’s equally….

Co-ownership Agreements: Another Tool in the Planner’s Toolkit Continue Reading »

Cottage, Estate Planning, Property, Real Estate, Succession Planning, Trusts

Qualified Disability Trusts: Some Positive Commentary from the Canada Revenue Agency

• • 0 Comments

This blog has been written by Darren G. Lund, Partner at Fasken LLP Each year in June, the Canadian branch of the Society of Estates and Trusts Practitioners holds its annual conference. One of the most eagerly anticipated sessions each year is the “CRA Roundtable”. At the Roundtable, representatives from the Canada Revenue Agency respond to questions submitted in advance by STEP on a range of tax issues of concern….

Qualified Disability Trusts: Some Positive Commentary from the Canada Revenue Agency Continue Reading »

Canada Revenue Agency, Disability, Estate Administration, Estate Planning, Tax Issues, Trusts, Wills
Scroll to Top