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Trusts & Estates

  • Overview
  • Who To Contact
  • Recent Developments

The Aird & Berlis Trusts & Estates Group helps clients manage their wealth, plan for the future and navigate the deeply personal and often complex legal landscape of estate matters. Our integrated approach draws on leading expertise in estate and trust planning, administration, litigation, charity law, cross-border matters and tax.

Whether you're building a legacy from the ground up or preparing to transition significant wealth across generations, we provide clarity, reassurance and strategic guidance every step of the way. We serve high-net-worth individuals with assets abroad, families planning for future generations, private business owners planning for succession, and professional fiduciaries such as trust companies and banks. Our team also supports those drafting wills and powers of attorney, attorneys acting under powers of attorney for property or personal care, and beneficiaries of estates and trusts, including non-residents. Additionally, we regularly assist charitable organizations and foundations with planned giving structures and estate-related contributions.

Our team designs thoughtful, personalized plans that reflect each client’s unique goals, family dynamics, assets and tax considerations. Techniques commonly employed include the use of multiple wills, testamentary and inter vivos trusts, nominee ownership, rights of survivorship, domestic contracts and charitable giving strategies. Where foreign citizenship or cross-border assets are involved, we work closely with international tax and estate advisors to deliver coordinated, globally effective solutions.

We provide ongoing support to fiduciaries (executors, trustees, attorneys and guardians) on the full range of administrative responsibilities, including passing of accounts and applications for court direction. In cases involving disputes, our litigators represent clients in all types of estate and trust litigation, including will and power of attorney challenges, breach of fiduciary duty, dependant support claims, family law-related equalization issues, and the variation or interpretation of testamentary documents.

Our lawyers are widely recognized as leaders in the field by The Canadian Legal Lexpert Directory, The Best Lawyers in Canada, Lexology Index and Chambers High Net Worth (Private Wealth Law and Private Wealth Disputes). Members of our group have received prestigious honours, including the Society of Trust and Estate Practitioners (STEP) Founder’s Award for Outstanding Achievement, STEP Canada’s Michael Cadesky Volunteer of the Year Award, the Ontario Bar Association’s Hoffstein Book Prize and Award of Excellence in Trusts and Estates, and Best Lawyers’ “Lawyer of the Year” in Trusts and Estates.

Many of our lawyers hold the Trust and Estate Practitioner (TEP) and Family Enterprise Advisor (FEA) designations and serve in leadership roles with organizations shaping the future of estate and trust law, including the Ontario Bar Association, Canadian Tax Foundation, International Academy of Estate and Trust Law, and the American College of Trust and Estate Counsel.

Our core services include:

  • Estate & Trust Planning: Designing tailored succession plans, including wills, trusts and powers of attorney, with a focus on tax efficiency, family objectives and wealth preservation.
  • Cross-Border Planning: Advising clients with international assets, foreign citizenship or residency issues, and collaborating with foreign advisors to develop coordinated global strategies.
  • Business Succession: Structuring business transitions through estate freezes, family trusts, shareholder agreements and corporate reorganizations.
  • Estate Administration: Guiding executors, trustees and attorneys through probate, trust administration, accounting and fiduciary obligations.
  • Litigation & Dispute Resolution: Representing clients in will and trust challenges, dependant support claims, breach of fiduciary duty, contested passings of accounts and related estate disputes.
  • Charitable Giving: Advising donors and charities on planned giving strategies, endowments, tax-effective structures and the administration of estate-related gifts.
  • Disability & Capacity Planning: Creating plans for individuals with disabilities, including Henson trusts and powers of attorney for personal care and property.
  • Digital Assets & Emerging Issues: Addressing digital estate planning concerns, including cryptocurrency, intellectual property and social media accounts.
  • Trust Creation & Management: Establishing and managing testamentary and inter vivos trusts, including alter ego and joint partner trusts, and advising on trust variation, administration and wind-up.
  • Fiduciary Advisory: Supporting executors, trustees, guardians and attorneys with decision-making, risk management and court applications for advice and direction.

At Aird & Berlis, we understand that estate and trust matters are deeply personal, often complex and can shape a family’s future for generations. We forge lasting relationships with our clients, becoming trusted advisors and the first call in both planned and urgent situations. Whether offering legal guidance or helping navigate sensitive family dynamics, our team is committed to providing clarity, support and peace of mind.