The lawyers in the Tax Law Group have substantial expertise in developing and implementing estate plans for our clients. They take the time to meet with clients and ensure that each plan that is developed meets the client’s own goals and that the client both understands and feels comfortable with the plan before it is implemented.
The Tax Law Group prepares wills, powers of attorneys, and health care representation agreements to help clients develop their own personalized estate plan. Despite sometimes common perception, no two estate plans are ever identical. We understand that everyone has their own beliefs, goals and ideas for what they would like to see happen after their incapacity or death. We make sure our client’s wills, powers of attorney and health care representation agreements reflect those wishes.
The Tax Law Group frequently uses trusts to achieve their client’s estate planning goals. When appropriate, trusts can be used for income splitting, transferring family business or other wealth from one generation to the next, saving probate fees on death, ensuring that family wealth stays in the family, providing privacy over one’s estate, protecting one’s loved ones from themselves and protection against claims from family members on death. The lawyers in the Tax Law Group specialize in the use of trusts to meet the individual’s needs and goals.
The Tax Law Group also have extensive experience in implementing and administering family trusts and other trusts for persons, charitable purpose trusts and non-charitable purpose trusts. We also advise and represent trustees on their role, powers, duties and obligations.
Cross Border Estate Planning
The Tax Law Group also assists clients with cross-border will and trust planning for clients with dual residence, US citizenship, cross-border property issues, or US beneficiaries.
The Canadian rules regarding taxation on death are very different to the rules that apply in the USA. Canada has no federal estate tax legislation. Instead, our system deems its resident to have disposed of all of their asset when they die. Even though Canada has no estate tax this “deemed disposition” can lead to significant tax obligations at the time of death.
The US system operates to tax the estates wealthy individuals at the time of death. A significant component of US estate planning involves minimizing the value of an estate at the time of death in order to prevent the triggering of estate tax at the time of death. Our tax lawyers work together with US advisors to minimize the instances of double taxation that may occur for individuals who own the property and businesses in Canada and the USA.