Trusts

Total 221 Posts

Part II: When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   In part one of my post on family trusts and the Family Law Act, I looked at how Ontario courts look beyond formal trust structures to the substance of the trust, particularly when they are deciding whether a discretionary trust interest forms part of net family property or if it should be treated as a….

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Courts, Family Conflict, Trusts

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

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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….

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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

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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….

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

The Substance Rule: Lang-Newlands v Newlands

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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….

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Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

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

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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

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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….

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