ARTICLE
16 October 2026

Trusts: A Powerful But Often Misunderstood (And Sometimes Misused) Planning Tool

AB
Aird & Berlis LLP

Contributor

Aird & Berlis is a leading Canadian law firm with offices in Toronto and Vancouver, serving clients across Canada and around the world. We provide strategic legal advice on business, regulatory, constitutional, administrative law and public policy matters. Our lawyers and intellectual property professionals represent domestic and international clients, including multinational corporations, startups, individuals, governments and Indigenous nations. Aird & Berlis advises clients in all principal areas of law, such as capital markets, corporate, financial services, real estate, Aboriginal law, projects & infrastructure, restructuring & insolvency, intellectual property, litigation, municipal, land use planning & development, tax, technology and workplace law. Aird & Berlis is recognized as one of Canada’s leading law firms by national and international guides to the legal profession, including Chambers & Partners, Best Lawyers, The Legal 500, Lexology Index and Lexpert.
Trusts are powerful tools for preserving wealth and facilitating intergenerational transfer, yet they remain widely misunderstood by families with business or investment assets. This article examines the fundamental nature of trusts, the critical distinction between legal and beneficial ownership, and how proper education and thoughtful design can help families avoid common pitfalls. Michael Goldberg explores why misconceptions about trusts can lead to confusion and conflict, and how to ensure these plannin
Canada Corporate/Commercial Law

Trusts occupy a central place in Canadian tax, estate, continuity and succession planning, particularly for families with business or investment assets. While trusts can be powerful tools for preserving wealth, facilitating intergenerational wealth transfer and supporting family enterprise governance, they are often misunderstood, which can lead to confusion, conflict and unintended consequences.

As the first article in a four-part series published by Family Enterprise Canada, Michael Goldberg explores what trusts are, how they are formed and why understanding the distinction between legal and beneficial ownership is fundamental to effective planning. He also examines common misconceptions about trusts and explains how proper education, thoughtful design and ongoing administration can help trusts achieve their intended objectives.

To read the full article, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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