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Practice Area Definition

Trusts and Estates Definition

A Trust and Estate practice includes all legal aspects relating to the accumulation, preservation, enjoyment, and succession of family wealth. It requires a thorough knowledge of Wills and Trusts legislation and Surrogate Court practice, an understanding of relevant income tax provisions and a recognition of issues to be considered for clients who have assets in more than one jurisdiction. It involves the preparation of Wills, Trusts, Enduring Power of Attorneys for financial matters, Personal Directives for health and personal care matters, and advising on Trust and Estate administration matters.

Wealth accumulation, preservation, and enjoyment may include the use of Trusts or corporate structures to split income or pass future growth to the next generation while preserving a client’s access to income and capital for financial security and personal philanthropy during their lifetime. Succession of wealth involves proper Will planning for the transfer of assets to surviving family members. This may include the administration of assets through testamentary Trusts to avoid premature vesting, or to take advantage of income splitting and asset protection opportunities, and the sharing of family wealth with favourite charities in a tax efficient manner. Trusts established during a client's lifetime, or through their Will, also may be of value when planning for the equitable distribution of assets among members of blended families or the care of minors and incapable adults, and to encourage the responsible transmission of wealth.

Trust and Estate administration services include assisting the personal representative to obtain Probate of a Will, or Letters of Administration if no Will is found, and advising as necessary on administrative responsibilities. This includes advice concerning the gathering of assets, payment of liabilities, the establishment of any trusts designated by the terms of a Will, and communicating with beneficiaries regarding accounting and distribution matters. It may include advice to individual or corporate executors and trustees relating to the administration of ongoing trusts or with regard to the interpretation and implementation of the trust terms. Trust and Estate lawyers will have the ability to advise and represent personal representatives, or estate beneficiaries, in all aspects of estate administration, and in the event a dispute arises, they will assist in resolving contentious matters.

Roy D. Boettger
Field Law

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A Trust and Estate practice includes all legal aspects relating to the accumulation, preservation, enjoyment, and succession of family wealth. It requires a thorough knowledge of Wills and Trusts legislation and Surrogate Court practice, an understanding of relevant income tax provisions and a recognition of issues to be considered for clients who have assets in more than one jurisdiction. It involves the preparation of Wills, Trusts, Enduring Power of Attorneys for financial matters, Personal Directives for health and personal care matters, and advising on Trust and Estate administration matters.

Wealth accumulation, preservation, and enjoyment may include the use of Trusts or corporate structures to split income or pass future growth to the next generation while preserving a client’s access to income and capital for financial security and personal philanthropy during their lifetime. Succession of wealth involves proper Will planning for the transfer of assets to surviving family members. This may include the administration of assets through testamentary Trusts to avoid premature vesting, or to take advantage of income splitting and asset protection opportunities, and the sharing of family wealth with favourite charities in a tax efficient manner. Trusts established during a client's lifetime, or through their Will, also may be of value when planning for the equitable distribution of assets among members of blended families or the care of minors and incapable adults, and to encourage the responsible transmission of wealth.

Trust and Estate administration services include assisting the personal representative to obtain Probate of a Will, or Letters of Administration if no Will is found, and advising as necessary on administrative responsibilities. This includes advice concerning the gathering of assets, payment of liabilities, the establishment of any trusts designated by the terms of a Will, and communicating with beneficiaries regarding accounting and distribution matters. It may include advice to individual or corporate executors and trustees relating to the administration of ongoing trusts or with regard to the interpretation and implementation of the trust terms. Trust and Estate lawyers will have the ability to advise and represent personal representatives, or estate beneficiaries, in all aspects of estate administration, and in the event a dispute arises, they will assist in resolving contentious matters.