Business and Estate Succession

Business Succession

The Business and Estate Succession team helps businesses and individuals ensure a smooth transition of ownership of their business to a third party, their successors, heirs and partners. Whether an owner is looking to involve family members or key employees into the business, or implement some tax planning strategies prior to a sale or acquisition, our lawyers are able to assist.

Business owners have their own set of unique circumstances, and our solutions are tailored to the specific needs of the owner taking into account estate concerns, shareholder issues and family dynamics. Our team works with businesses of all sizes, and needs, and will work with accountants and financial advisors to help create and implement a succession plan that meets these needs.

Legal services our group provides include:

Share Rollovers
Asset Rollovers
Section 51 Exchanges
Section 86 Exchanges
Section 85 Transfers
Section 97 Rollovers
Estate Freezes
Capital Gains Planning
Post-Mortem Planning
Creditor Protection
Amalgamations

Estate Succession

Everyone needs an estate plan.

Our group also assists individuals and families at all stages of an estate, from planning legacies, to assisting executors with settling the estate, to defending or bringing claims against estates and estate trustees if there are questions surrounding their will or powers of attorney.

Our group is focused on estate planning solutions that are both practical and tax-efficient. Estate planning is more than just drafting a will or powers of attorney; it involves obtaining the client’s financial snapshot, evaluating their goals with respect to disposing of their property on their death and reviewing the family dynamic to ensure legal advice that is tailored to the individual’s specific circumstances. Our team employs special tax planning tools such as the preparation of family trusts, corporate reorganizations and the use of multiple wills to achieve unique estate planning needs.

Our group assists estate trustees with estate administration, including obtaining probate, collecting and distributing estate assets, and generally helping them navigate what can be an overwhelming process, especially at such a difficult time.

If individuals find themselves involved in an estate dispute, from cases involving disgruntled beneficiaries seeking to challenge a will, to executors who may be acting improperly, or attorneys for property who may be abusing their power, our team is here to help. We will exercise risk analysis to provide the best advice applicable to that particular situation – there is no one size fits all.

Our legal services include:

Estate planning
- preparation of wills and powers of attorney, including multiple wills
- review of asset structure for tax-efficient transfer
- preparation of alter ego trusts, joint partner trusts, Henson trusts
Estate administration
- obtaining Certificates of Appointment of Estate Trustees (probate)
- Small Estate Certificates
- distributions to beneficiaries
- applications for resealing of foreign grants of probate
- advising estate trustees
Estate and Fiduciary Litigation
- various court procedures including will and power of attorney challenges, and breach of trust claims
- guardianship applications
- passing of accounts applications