Inter vivos family trust set-up
A discretionary family trust created during life, with a trust deed and the first resolutions.
What is included
- Reviews your family, assets and wishes, including any property outside Ontario
- Explains options such as testamentary trusts, beneficiary designations and ways to reduce estate administration tax
- Drafts the will, trust or other planning documents
- Supervises proper signing and witnessing
- Works with your accountant or financial adviser where taxes or a business are involved
What is not included
- Estate administration tax, court fees, appraisals and other disbursements
- Tax returns for a deceased person or an estate, unless arranged separately
- Estate disputes or litigation, unless the lawyer agrees to act on them
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Adults making or updating a will
- Families with young children, blended families or a family member with a disability
- Business owners and people with property in more than one place
Information to have ready
- 1A list of your assets and debts, and how each is owned
- 2Names of beneficiaries, estate trustees and guardians for minor children
- 3Existing wills, trusts, marriage contracts or separation agreements
- 4Beneficiary designations on insurance, RRSPs, RRIFs and TFSAs
- 5Corporate or business records, if you own a business
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $3,000–$8,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Does marriage or separation affect my will?
Since January 1, 2022, getting married no longer cancels an existing will in Ontario, and a spouse you have separated from may lose gifts under your will in some situations. Review your will after any change in your relationship.
How often should I review my will?
It is wise to review it after major life events, such as a marriage, separation, birth, death, a move or a large change in assets.
What is a Henson trust?
It is a fully discretionary trust often used to leave money to a person who receives disability benefits, such as ODSP, in a way that may protect their eligibility.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed in an estate dispute or court application
- Some deadlines, such as for a dependant support claim or a surviving spouse's election, are short
- The work is limited to the scope the lawyer confirms in writing
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