Canada: Trusts

When parents die with minor children, who will care for them and manage their inheritance? This article explores six critical misconceptions about appointing guardians in Ontario, from temporary appointments to cross-border complications. Understanding these nuances ensures your estate plan truly protects your children when it matters most.

A British Columbia Court of Appeal decision demonstrates that executors who pursue litigation primarily for their own benefit rather than the estate's interests may face personal liability for costs...

A Panama-based trust with a Quebec contributor faced federal surtax and denied provincial abatement despite paying Quebec tax, creating a situation where it was taxed as residing nowhere in Canada. The Tax Court dismissed the appeal, calling the outcome unfair but mechanically required by statute, illustrating how some tax disputes are predetermined by clear statutory language regardless of perceived unfairness.

Canadian income tax law does not prohibit Canadian residents from using offshore entities or structures. What it does prohibit—explicitly and deliberately—is the deferral of Canadian tax on passive or investment income through foreign intermediaries.

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.

Navigating the complexities of identifying parties in commercial real estate transactions requires careful attention to legal and commercial risks. From verifying contractual capacity to managing assignment rights, understanding these critical elements can prevent costly surprises and ensure enforceability of purchase and sale agreements.

In 2025, Prince Edward Island introduced a sweeping modernization of its trust legislation through Bill No. 5 –Trustee Act, replacing the longstanding Trustee Act (Chapter T-8).

Succession planning is not a one-and-done conversation for business owners. Much like the work of building the actual business, it is an ongoing, sometimes shifting, process.

On July 4, 2025, the Federal Court of Appeal (the Court) released its long-awaited decision in The RRSP of James T. Grenon by its trustee CIBC Trust Corporation v. His Majesty the King (Grenon).