Spousal & Inter Vivos Trusts
British Columbia’s trusted legal advisors since 1866
Strategic Estate Planning with Trusts: Protecting Your Legacy
Ensuring your assets are distributed exactly as you intend is the cornerstone of effective estate planning. While a will is a fundamental document, it may not offer complete protection against legal challenges, particularly in British Columbia. The province’s wills variation laws can allow a court to override your stated wishes. For individuals seeking certainty and control, especially in complex family situations, advanced planning using trusts is essential.
At Crease Harman, we specialize in creating robust estate plans that stand the test of time and legal scrutiny. By utilizing tools like inter vivos trusts (living trusts), we can help you structure your affairs to ensure your ultimate wishes are fulfilled, providing you with peace of mind that your legacy is secure and your chosen beneficiaries are protected.
Your Trusted Advisors in Sophisticated Estate Planning
Crafting an estate plan that involves disinheritance or unequal distribution requires not only deep legal expertise but also a nuanced understanding of family dynamics. The lawyers at Crease Harman combine decades of experience with a strategic approach to asset protection. We are here to listen to your objectives, provide clear and confidential advice, and implement powerful legal structures that insulate your legacy from potential claims.
If you wish to ensure your estate plan is ironclad and immune to challenges, contact our Estate Planning team today to schedule a confidential consultation.
Spousal & Inter Vivos Trusts
Our Approach to Asset Protection and Estate Control
Our primary goal is to structure your assets in a way that legally and ethically achieves your specific objectives. By moving significant assets into an inter vivos trust during your lifetime, those assets are no longer considered part of your estate upon your death. This simple but powerful distinction places them outside the reach of a wills variation claim. We work closely with you to design a tailored strategy that aligns with your unique circumstances and long-term goals.
We provide expert guidance on a wide range of trust and estate planning matters, including:
- Defeating Wills Variation Claims: In British Columbia, assets held in a properly structured inter vivos trust are not part of the estate and are therefore not subject to a wills variation claim by a spouse or child under the Wills, Estates and Succession Act. This is the most effective legal method to ensure an inheritance cannot be challenged by a disinherited child.
- Utilizing Alter Ego, Joint Partner, and Spousal Trusts: These specialized trusts allow you to transfer assets while retaining control and/or benefit during your lifetime. They are powerful tools for probate avoidance, privacy, and ensuring a seamless transition of wealth to your intended heirs, such as a new spouse, while protecting assets from claims by other family members.
- Ensuring Privacy and Avoiding Probate: Unlike a will, which becomes a public document upon probate, a trust is a private agreement. Using a trust helps you avoid the costs, delays, and public scrutiny of the probate process, ensuring your financial affairs remain confidential.
- Planning for Complex Family Dynamics: Trusts are invaluable for managing complex situations, such as blended families, providing for a disabled beneficiary, or protecting assets for a loved one who may not be equipped to manage a large inheritance.
