Trusts, Estates & Legacy Planning

A well-crafted will, the foundation of any estate plan, can provide peace of mind, knowing your wishes will be honoured and your assets distributed in the way you intend.

If you die intestate (that is, without a will), your estate will be administered according to provincial law. Each province and territory has its own legislation governing intestate estates. This can mean uncertainty for your loved ones, and often undesirable outcomes. These laws also differ in surprising ways from what is generally assumed, and many provinces have changed their rules in recent years.

As your goals and life circumstances evolve, so should your will and estate plan. Major life changes – such as moving in with a partner, getting married, adopting or having children, moving provinces or internationally, or going through a separation or divorce – should also prompt you to re-evaluate and update your plan.
Beyond crafting an effective will, our lawyers will help identify and recommend the best estate planning strategies based on your priorities, family circumstances and the nature of your assets.

Our team has extensive experience structuring plans designed for multi-generational wealth management and guiding clients through jurisdictional complexities. Whether it’s drafting co-habitation, pre-nuptial or mutual wills agreements; establishing mirror wills or multiple wills; creating trusts to preserve wealth; or facilitating asset transitions during your lifetime, we help address the unique needs of blended and high-net-worth families.

We know that, especially for beneficiaries with additional support needs, estate planning involves careful consideration and tailored strategies to ensure the well-being and financial security of those individuals. Carefully planned documents protect the interests of individuals with disabilities after the death or incapacity of a parent, spouse or other caregiver.

With a wealth of experience and deep understanding of estate law in British Columbia, Alberta, Saskatchewan and Manitoba, our team will help you craft an estate plan tailored to your goals and the specific legal requirements in your region. We can help preserve your legacy for generations to come.

We understand the decades of care our clients invest in building not only a business, but a legacy. For family-owned enterprises, agriculture and corporate clients, our lawyers work with your team of accountants, financial advisers and other professionals who know you best, to ensure a smooth transition of leadership as well as ownership, to safeguard the future of your legacy.

We help develop comprehensive plans that address tax considerations, family dynamics and operational continuity, with a view to protecting the long-term success of your enterprise for future generations. Our skilled team of tax, corporate governance and estate planning lawyers is well-equipped to advise on inter-provincial asset ownership and the regulatory and tax implications of transitioning your wealth.

Our clients often also seek our services when first contemplating a transition into retirement, to help prepare their organization for future succession. We provide strategic advice on structuring their assets and affairs, and offer a Wealth Preservation and Asset Protection Check-Up Report to help you identify and manage sources of potential risk in the current structure of your business, finances and family circumstances.

Trusts can be used to support a wide number of personal or business goals. Through the use of inter vivos (“living”) trusts – such as family trusts, joint partner trusts and alter ego trusts – or testamentary trusts (set out in your will), we help clients manage their assets and plan for blended family gifting, inequitable distributions among children or transition of business assets. Trusts can also offer options for potential tax benefits and a seamless transfer of wealth while protecting against estate litigation.

Often, trusts are used in the context of protecting wealth in blended families, or to ensure your minor, disabled or otherwise vulnerable beneficiaries receive ongoing support in the event you are incapacitated or unexpectedly pass away. Establishing a discretionary trust (also known as a Henson Trust) can protect assets in the event our adult children divorce or suffer an incapacity. Other strategies might include a Qualified Disability Trust.

MLT Aikins lawyers can help you determine the best approach for your circumstances.

We work closely with clients and their families to establish legal frameworks that protect their interests in the case of incapacity, ensuring that financial, health-care and business decisions are managed by trusted individuals.

Our lawyers are experienced in creating power of attorney and health-care representation documents. These ensure that, in the event you are unable to handle such matters on your own, your financial obligations and medical needs will continue to be met in a way that aligns with your values and intentions.

Estate administration can be complex and requires an in-depth understanding of regulatory jurisdictional nuances. Engaging an experienced estate administration (probate) lawyer can help you avoid mistakes, as well as personal liability, when acting as an executor.

MLT Aikins lawyers are regularly retained by trustees, executors and administrators to obtain probate of wills or advise on the proper administration of trusts. Our lawyers are nationally recognized for dealing with issues of asset ownership, protection and distribution both during life and after death.

When disputes arise, our skilled litigators advocate vigorously on behalf of our clients, handling a wide range of contentious estate matters including challenging and defending wills, undue influence claims, capacity issues, disputes between beneficiaries and executors, and claims in debt against an estate.

When a loved one passes away, conflicts over assets or proper handling of an estate can add an additional layer of complexity and stress during what is already a difficult time – particularly when disputes have the potential to permanently impact family relationships. We are dedicated to finding practical, cost-effective solutions to guide your family toward an amicable outcome, while always being prepared to represent our clients’ interests in Court if necessary.