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When Is A Gift Not A Gift: Estate Freezes And Family Law Considerations
A complex and challenging area of law is the intersection of trust law and family law. Ontario law, in contrast to many other common law jurisdictions, has given liberal treatment of a discretionary interest in a trust as property which can be subject to equalization under our family law legislation. See our prior blogs on this subject: Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero (September 5, 2024) and Heads Up: Grappling with Family Law’s Treatment of Discretionary Trust Interests (January 6, 2015).
O'Sullivan Estate Lawyers LLP