Wills, Estates, Trusts

A well-thought-out estate or succession plan should be an integral part of your personal planning. Planning for the future will ensure that only the people you trust will be appointed to look after your assets upon your death, and that gifts and bequests will be received by only those people you designate. Estate planning may also allow you and your beneficiaries to reap the benefits of deferred tax payments or significant tax savings.

In addition, creating a trust may be an effective tool to ensure that your family, especially your children, are supported and protected. We also provide strategic analysis to clients on the advantages and disadvantages of a trust and draft all necessary documents for its creation.

Contact info

+1-877-820-1210 ext 222
peter@himprolaw.com

Himelfarb Proszanski has an excellent reputation for assisting clients in planning their future. We can actively assist you in reviewing, analyzing, and drafting any or all of the following as part of your overall estate plan:

Will and Powers of Attorney for Personal Care and Property
Interpretation and analysis of wills and trust documents
Limited power of attorney for property while absent from Canada
Secondary or multiple Wills for specific assets
Living Wills
International Will for assets outside of Canada
Family Trust, testamentary trust and/or Henson (disability) trust

Estate freeze and/or spousal rollover for family-owned closely-held corporations
Butterfly share transactions for family-owned closely-held corporations, allowing for orderly succession of next-generation shareholders and management
Retirement compensation arrangements and individual pension plans
Advising on tax implications and formulating deferred profit sharing plans

Estate Administration

Whether as a trustee, beneficiary, or third party involved within an estate, Himelfarb Proszanski will competently advise you on all aspects of estate administration. We offer the following services:

Assist with sale or transfer of estate property (real and personal) and preparation of any legal documentation required by a trustee as part of the performance of his or her duties
Assist in obtaining directions from court as needed
Preparing application for variation of will or trust in friendly circumstances

Assist with sale or transfer of estate property (real and personal) and preparation of any legal documentation required by a trustee as part of the performance of his or her duties
Assist in obtaining directions from court as needed
Preparing application for variation of will or trust in friendly circumstances

Estate Litigation and Court Appointed Guardianship

As a full service law firm, Himelfarb Proszanski’s litigation department has the skill and experience to successfully handle any of the following estate litigation situations on your behalf:

Will challenges by potential beneficiary or trustee
Review of grounds for claim by beneficiary, including trustee replacement
Passing of Accounts
Dependant Relief claims
Disputes involving compensation of Trustee
Analysis of validity of will and potential will challenges

Assistance with capacity assessment to determine validity of will and/or power of attorney when signed
Application for guardianship for property and/or person
Advice with respect to role of children’s lawyer or public guardian and trustee
Analysis of validity and enforceability will or trust clauses
Prosecution or defence of solicitor negligence claims

Firm Trustee Duties

In certain circumstances, members of the firm may be willing to act as estate trustees or as trustees of a family trust. We would advise you fully on the proposed scope of our duties, any potential conflict of interest between acting as trustee and acting as your solicitor, any proposed fees for acting as a trustee, and the rights and duties of a trustee, a settlor of the trust, and a beneficiary in general.

Who Should Be Your Trustee?

When deciding on a trustee for the administration of your estate or a trust which you create, you should consider the following:

Choose someone likely to outlive you
You should choose someone who is trustworthy and capable and willing to follow your instructions
If the administration of your estate will be complex, you should consider employing the services of a professional trustee such as a trust company, chartered accountant, or legal advisor. We have professional relationships with a number of these persons and entities and can assist you in selecting a trustee that best meets your needs and wishes
Contact our firm for advice regarding the responsibilities and duties of a trustee under the Trustee Act, the Succession Law Reform Act, the Estate Act, and the Estate Administration Act or an attorney under the Substitute Decisions Act or the Powers of Attorney Act

Discuss your wishes and the obligations of being a trustee with the person you have chosen. Remember, that person is under no legal obligation to serve as your trustee
Appoint an alternate trustee in case the primary named trustee is unable or unwilling to perform his or her duties
Disputes frequently arise regarding the compensation granted to trustees. Contact our office to ensure compliance with the legal requirements of a trustee’s compensation