Date: 23 March 2023
Time: 3:00 PM UTC
Duration: 60 min
Language: English
Format: Online
This webinar is over - watch on demand here

North America: Navigating the Cross-Border Highway: A Roadmap for Canada-U.S. Estate Planning and Administration

There is increasing connectivity and movement of individuals and their assets between Canada and the U.S.: children relocate on either side of the border, often after pursuing higher education in the other country, U.S. residents move to Canada to work or retire and vice versa, or residents on either side of the border purchase a recreational property – a Florida or Arizona home for many Canadians, or a cottage property or ski chalet in a Canadian province for many Americans.

Navigating the issues that arise in cross-border estate planning and administration is complicated given the very different tax and legal regimes on either side of the border. Missed turns or taking the wrong route often occurs because of a lack of skilled guidance and direction in planning or administering an estate with cross-border issues.

Join this webinar from O’Sullivan Estate Lawyers LLP to stay on top, be able to spot the issues and understand the complicated cross-border challenges that arise when Canadians and Americans have connections to each other’s jurisdiction, including assets, citizenship, residency and beneficiaries.

Topics will include:

• Using separate situs wills and powers of attorney for property and personal care.
• Administering property on death on other side of the border.
• Taxation on death and the impact of two different tax regimens: Canadian capital gains tax and U.S. estate tax and planning options to reduce tax exposure.
• Choosing executors, trustees and attorneys for powers of attorney: what are the tax and legal considerations which create problems in appointing a resident on the other side of the border?
• Tricky legal and tax issues when a trust or its settlor, contributor, trustees or beneficiaries are resident in the other jurisdiction.

Margaret O'Sullivan

Recognized across Canada and internationally for her trust and estate planning expertise including complex multi-jurisdictional and cross-border succession matters; a frequent speaker and writer on trust and estate topics.

Margaret’s practice involves all aspects of trust and estate work for domestic and international private clients, including estate planning; will and trust planning; incapacity planning; estate litigation; advising executors, trustees and beneficiaries and administration of estates and trusts, with a focus on high net worth domestic, cross border and multijurisdictional succession issues. 

Susannah Roth

Susannah is recognized across Canada for her expertise in estate and trust matters, administration and probate. She deals with complex trust and estate issues, including cross-border and multi-jurisdictional matters.

Susannah’s practice focuses on estate administration, including cross-border and multi-jurisdictional administration, advising attorneys and guardians of property, executors, administrators and beneficiaries, real estate transfers and rectification, estate planning (including wills, powers of attorney, insurance and testamentary trusts), and estate litigation.

Stephanie Battista

Stephanie practices exclusively in estate and trust law, focusing on all aspects of estate planning, including cross-border planning and estate administration in order to provide clients with sound and helpful legal advice.

Stephanie regularly advises clients on their succession plan including wills, trusts, powers of attorney and domestic contracts. Her clients range from blended families, business owners and entrepreneurs, medical professionals, high net worth clients and young couples, and those with complex cross-border and multi-jurisdictional issues and needs.

Marly Peikes

Marly’s practice includes all aspects of estate and trust planning, including cross-border planning, estate administration and estate dispute resolution.

Marly focuses on assisting clients in organizing their financial affairs during their lifetime through creative estate planning strategies which balance each client’s unique needs with corresponding estate administration tax and income tax considerations, all while ensuring that each client’s objectives are achieved and optimized.

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