• Privacy & probate minimization

• Incapacity planning without full reliance on POAs

• ODSP‑safe support for a loved one with a disability

• Business succession & estate freezes

• Spendthrift or creditor‑exposed beneficiaries

• Charitable/faith‑based giving structures

We collaborate with tax professionals to align legal structure and tax outcomes.

• Use case: Age 65+, retain beneficial enjoyment while moving assets to a trust.

• Highlights: potential rollover of assets into trust; privacy; probate minimization; continuity on incapacity via co‑trustee.

• Cautions: trust‑level tax at inter vivos rates on deemed disposition at death;

• set‑up/annual compliance costs; careful drafting to avoid land transfer tax triggers and off‑side powers (e.g., life insurance purchases with trust funds).

• Key requirements: inter vivos, settlor 65+, income/capital restricted to settlor during lifetime.

• Use case: Settlor benefits from the trust; alternative to a POA for property or spendthrift control.

• Highlights: co‑trustee can manage on incapacity; preserves assets from impulsive spending.

• Cautions: no alter‑ego rollover benefits; attribution rules; probate generally not avoided; still subject to 21‑year rule unless structured otherwise.

• Use case: Married/common‑law partners planning together.

• Highlights: privacy; probate minimization; management continuity on incapacity; rollover advantages into trust (unless electing out); deemed disposition deferred until last survivor’s death.

• Cautions: highest marginal rates may apply on final deemed disposition; attribution rules limit income splitting; set‑up and annual filing costs.

• Typical requirements: inter vivos; settlor 65+; only spouses can benefit while either is alive.

• Qualified spousal trust (QST): tax rollover/deferral until the spouse’s death; settlor can control remainder beneficiaries and timing.

• Non‑qualifying spousal trust: broader flexibility (e.g., limited gifts to children during spouse’s life, insurance/loans at below FMV) but without QST tax deferral.

• Use cases: second marriages, capital preservation for children from prior relationships, structured spousal support from the estate.

• Henson trust: fully discretionary trust for a person with a disability—beneficiary has no vested right, helping preserve ODSP eligibility. Trustee controls if/when/how to pay out.

• Trust derived from inheritance: post‑death ODSP‑compliant trust created from an outright gift; time‑sensitive and value‑capped (statutory limits apply).

• Planning note: A testamentary Henson trust in your Will avoids the cap and timing risk of a post‑death solution.

• Use cases: education funding, business succession, estate freezes, selective support to beneficiaries.

• Tax landscape: income‑splitting through trusts is more limited; TOSI rules may apply to inactive beneficiaries; trust reporting obligations have expanded in recent years—expect more disclosure for trustees and beneficiaries.

• Benefit: potential multiplication of the lifetime capital gains exemption on qualifying small business shares when structured properly.

• Use case: holding legal title for beneficial owners (privacy, structural reasons, joint ventures, partnerships).

• Tax/admin: beneficiary is treated as owner for tax; reporting rules have been evolving—seek current advice.

• Practice: written nominee/bare trust agreement is essential.

• Use case: protect beneficiaries from creditors or their own spending.

• Critical cautions: must be discretionary; do not settle to defeat existing creditors—exposure under Fraudulent Conveyances Act and Bankruptcy and Insolvency Act.

• Use case: politicians/senior officials or others seeking to avoid conflicts; trustee manages assets independently; the settlor receives only limited net‑worth updates.

• Note: Consider conflict‑of‑interest statutes and guidance applicable to your role.

• Objectives, beneficiaries, and risk mapping

• Tax coordination and beneficiary‑designation review

• Draft trust deed + trustee guidance memo

• Transfer/rollover steps and records

• Annual compliance checklist (T3, accounts)

• Trust deed tailored to your goals

• Trustee playbook (duties, record‑keeping, distribution protocols)

• Beneficiary communications template

• Coordination notes for banks, brokerages, and land registry where applicable