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Estate Planning


Trust in our experience to help you protect what is most important to you.
Understanding generational interests, cultural imperatives and jurisdictional complexities is key to building a tailored estate plan. We strive to structure bespoke, multi-generational estate plans that will accomplish your objectives, taking into account the nature of your assets, whether Canadian or global.
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Overview

Successful plans require collaboration among professional advisors, family members and other experts when building the structures and strategies that will underpin your legacy.

We counsel families, individuals, family office advisors, private trust companies, charitable foundations, private equity fund partners and investment companies in transactions involving the preservation and governance of wealth and the transfer of assets.

Some executors and trustees prefer to have us act as their agents on day-to-day administration of estates. We will interact with government representatives and financial institutions on their behalf, providing clients with regular activity reports and advice.

Good communication throughout the estate planning process saves time and produces a better result. This is especially true when clients span geographical locations and advisors offer different areas of expertise.

If you hold real estate, business interests and other assets in foreign countries, you will need experienced advice with access to trusted professionals. Whether you are immigrating, emigrating, investing or transferring assets across borders, we will ensure that your wills, trusts and estates are structured to address differing tax regimes, with administrative efficiency.

Call us to discuss how we could help you reach your goals.

Areas of Expertise

  • Personal Tax Planning & Wealth Management, Fasken develops personal tax and wealth preservation plans to help clients reach their personal goals in a way that reflects their personal values.

Achievements

Team

Primary Contacts
  • Corina S. Weigl, Partner | CO-LEADER, PRIVATE CLIENT SERVICE, Toronto, ON, +1 416 865 4549, cweigl@fasken.com
  • Alex Kotkas, Partner | Commercial Litigation, Calgary, AB, +1 403 261 5358, akotkas@fasken.com
  • Darren Lund, Partner | Estate Planning, Toronto, ON, +1 416 865 5147, dlund@fasken.com
  • Edgar A. Frechette, Partner | Tax Law, Vancouver, BC, +1 604 631 4982, efrechette@fasken.com

Client Work

  • ClearEstate secures C$16.8 million Series A funding round, [Deal - ClearEstate], The funding from this transaction will help the grieving deal with estates.
  • The Superior Court orders the payment of a liquidator’s legal fees by the Estate in the context of a litigation in the liquidation process, [Case - The liquidator], Successful representation before the Superior Court.
  • ClearEstate raises C$2.5M in seed extension funding round from Torstar Corporation, Triangle Capital Corporation, NAventures and Diagram Ventures, [Deal - ClearEstate], Estate settlement fintech company secures C$2.5M in funding.
  • China-based investment group finalizes three limited partnerships to finance the acquisition of student residences in the Waterloo region of Ontario, [Deal - China-based Investor], Fasken assisted a China-based investor with the structuring and negotiation of three limited partnerships to finance the acquisition of student residences in the Waterloo region of Ontario. The acquisition involved coordinating the redemption of an existing mortgage and the acquisition of clear t...
  • Liquidator represented during an estate litigation out-of-court settlement, [Case - Confidential Client], We represented the liquidator who instituted proceedings to obtain reimbursement of several million dollars’ worth of claims on behalf of the succession. After obtaining judgment in favour of our client, negotiations took place in order to find common ground between two parts of the family that d...
  • Represented long-lost heirs to obtain their full rights against the Agence du Revenu du Québec, [Case - Confidential Client], After the succession had been considered vacant for several years, we represented a group of heirs from the paternal line in order to claim the residue of the succession held by the Agence du Revenu du Québec. The Agence refused to pay half of the succession (50%) because it wanted to keep this a...
  • Action for the unenforceability of a trust before the Supreme Court of Canada in the context of a succession, [Case - Confidential Client], Fasken represents Mr. Roger Karam before the Supreme Court of Canada in the context of an action for the unenforceability of a trust that holds the residence used by the family. The applicants seek to have the value of the residence shared in the calculation of the family patrimony in the context...
  • Liquidator represented in out-of-court settlement negotiations, [Case - Confidential Client], We represented one of six family members that inherited and liquidated the succession. Relations between the liquidators were not easy and deteriorated when our client decided to oppose the other liquidators during the sale of the last building. After two Superior court decisions and one Court of...
  • Successfully represented a liquidator seeking to have his legal fees paid, [Case - Confidential Client], We represented a liquidator who sued the two other liquidators and several members of the family during a succession that granted the liquidators the power to act by majority. In addition to criticizing the conduct of the two other liquidators when settling the estate, the liquidator identified c...

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