Archive for the ‘Trusts’ Category

POWERS OF ATTORNEY AND ALTER EGO TRUSTS

Tuesday, September 16th, 2014

My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets ...

A Reminder of the Rules for Investing

Monday, September 15th, 2014

The judgment in Miles v. Vince[1] was issued recently by the British Columbia Court of Appeal and is a reminder of the strict duties trustees face in selecting investments. The case centred around the investments of two trusts, referred to in the judgment as the Family Trust and the Insurance Trust. ...

PRICE ADJUSTMENT CLAUSES IN ESTATE PLAN AGREEMENTS

Thursday, August 28th, 2014

Many estate plans include a transfer of property (e.g. shares of a privately held corporation) to a company and freeze the value (or price) of the transferred property to the current owners at the transfer date. To avoid some punitive provisions in the Income Tax Act associated with non-arm’s ...