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Recent Mandates

  • Creating estate plans for many Canadian resident clients with U.S. Estate Tax exposure given a spouse's status as a U.S. citizen and/or children who are U.S. persons.

  • Multiple will planning for several clients involving separate situs wills.

  • Creating estate plans for numerous Canadian citizens and residents for tax minimization and general wealth protection using sophisticated testamentary trusts and multiple wills.

  • Establishing several inter vivos trusts for income-splitting purposes.

  • Establishing several alter ego and joint partner trusts.

  • Establishing substantial testamentary trusts to segregate the entitlements of children and grandchildren after the completion of a complex estate administration, including appointment of capital to a U.S. resident trust for U.S. resident beneficiaries and migrating and resettling several Cayman-based inter vivos trusts to Ontario as part of an extensive family re-organization.

  • Acting on a large estate administration involving a Canadian resident/U.S. citizen decedent with significant U.S. charitable bequests, including the establishment of charitable trusts involving unique terms and conditions with two major U.S. public charities to achieve the donor's objectives in perpetuity.

  • Designing and establishing several trusts in conjunction with U.S. counsel to hold multi-million dollar vacation homes for Canadians with U.S. real property.

  • Advising and acting on several international probate proceedings, involving Japan, Bahamas, Jersey, Guernsey, Cayman Islands, California, Ohio, Arizona, Florida, United Kingdom, Hong Kong, Spain and Brazil.

  • Acting as an expert witness and providing legal opinions in several separate multi-million dollar personal injury actions involving guardianship of an incapable person including future cost of compensation for guardians and legal fees.

  • Successfully negotiating contested passings of accounts on behalf of both corporate and individual executors.

  • Providing legal opinions on the issue of domicile, including in the context of a Canadian citizen/Japanese resident decedent with a multi-national estate and a dual Canadian/U.K. citizen with substantial assets.

  • Successfully defending and settling a claim for dependant's relief against an estate in the context of a Cummings v. Cummings Estate assertion of moral claims.

  • Planning for clients with children with disabilities, including the creation of testamentary Henson trusts as part of an estate plan and court applications for guardianship of the person and property of an adult child.

  • Acting on a challenge to a will and various inter vivos transactions, including obtaining orders for production of testamentary documents of the deceased, requiring the attorney and estate trustee to provide an accounting, the appointment of an Estate Trustee During Litigation and for Certificates of Pending Litigation to be registered on title to various real properties.

  • Creating an estate plan for a Canadian resident/German citizen with substantial assets and a U.S. citizen spouse, including liaising with German and U.S. legal and tax counsel.

  • Creating an estate plan for a Canadian resident, dual Canadian/Swiss citizen with substantial Swiss private company holdings and charitable bequests.

  • Acting on a complex matrimonial litigation matter involving various trust interests, including arbitration and submissions by the trustees.

  • Creating an estate plan for a Canadian citizen/U.K. resident deemed domiciliary with Jersey trust interests and substantial Canadian private company holdings, including charitable planning.

  • Advising on estate planning issues in conjunction with cross-border tax counsel with regard to a U.S. citizen becoming Canadian resident in respect of pre-existing U.S. revocable trusts and children's trusts and immigration trust planning.

  • Acting on a highly litigious application for removal of trustees, successfully negotiating settlement to complete estate administration, change trustees of continuing trusts and obtaining court approval in conjunction with the Children's Lawyer.

  • Advising on an estate plan for a Canadian citizen/U.K. resident non-domiciliary with a Canadian citizen and resident spouse, with real property interests in Canada, U.K. and the U.S.

  • Advising on trust planning for the acquisition of valuable Canadian real property by a Canadian citizen, U.K. resident and his U.S. citizen, U.K. resident spouse.

  • Will planning for Canadian citizen/U.K. resident non-domiciliaries with significant assets.

  • Acting for a beneficiary on a complex estate litigation matter involving an action to set aside a will and estate freeze involving valuation issues, several court motions, mediation and arbitration.

  • Acting on a claim for equalization of net family property and support under the Succession Law Reform Act for a non-titled spouse in circumstances raising alleged fraudulent conveyances and depletion of family property per Stone vs. Stone.

  • Acting for executors and trustees on a large estate administration involving four wills, assets in Canada, France and the Dominican Republic, testamentary trusts and holding companies.

  • Acting for executors on a claim for dependant's relief and equalization of net family property where a deceased spouse died intestate with children and minor grandchildren of predeceased son, including liaising with the Children's Lawyer and obtaining court approval of settlement.

  • Acting for executors and trustees on a large estate administration involving a Quebec will and Bahamian will, assets in Canada, Bahamas, the U.S. and elsewhere.

O'Sullivan Estate Lawyers
T-D Centre, Ernst & Young Twr
222 Bay Street, Suite 1410
PO Box 68
Toronto, ON M5K 1E7 Canada
Phone: 416-363-3336
Toll Free: 888-365-6235
Fax: 416-363-9570
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