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Wills, Trusts & Estates

Delivering Tailored Trust Solutions

Establishing a trust during your lifetime or upon your death can be an effective estate planning tool in British Columbia. A trust is not a separate legal entity (like a corporation or a natural person), but a relationship among the individual who creates the trust (the settlor) by transferring some or all of their assets to another party (the trustee) to manage for the benefit of one or more individuals (the beneficiaries).

Trusts

Trusts are used in different circumstances for varying purposes, such as:

  • To protect and preserve assets.
  • To address challenges of blended families.
  • To avoid or reduce probate fees.
  • To efficiently dispose of assets.
  • To create income-splitting structures.
  • To hold assets for beneficiaries requiring special care or for minors.
  • To proactively provide and care for future generations.
At BKS Law, we are committed to helping our clients understand various trust options and structures. By taking the time to gain a deep understanding of your assets, business, and family circumstances, we can develop and implement trust solutions that meet your unique needs.

Types of Trusts

We assist in establishing the following types of trusts:

  • Alter-ego trusts: An inter-vivos trust for clients over the age of 65 that achieves many common estate planning objectives like avoiding or minimizing probate fees, protecting against wills variation claims and providing for privacy.
  • Joint partner trusts: Similar to an alter-ego trust in structure and estate planning benefits, but with both partners as the exclusive recipients of the trust’s income or capital until the last partner dies when the trust assets are distributed in accordance with the trust document.
  • Testamentary trusts: Created as a result of an individual’s death, in which a trustee is responsible for the management of the assets forming part of the trust that beneficiary following the will-maker’s death. Testamentary trusts are regularly used to, among other things, hold assets for minors, preserve the government benefits of persons with disability, provide a structure for income splitting, as well as to plan for other unique circumstances.

An Integrated Approach to Planning for the Future

Whether you are developing a business succession plan or want to protect your family’s future, we recognize that estate planning does not happen in isolation. Our goal is to design customized strategies using a holistic approach, consulting with your other professional advisors (financial planners, accountants, tax and insurance specialists) to best protect what matters most to you.

We value the relationships that we have with our clients and endeavour to provide ongoing estate planning solutions that change and evolve over time to best suit you and your family. We are here to help you find the peace of mind that comes with the right estate plan.