Family Trust
A family trust is a legal structure where a trustee holds and manages property for the benefit of selected beneficiaries, often family members. It can be used in estate planning, business succession planning, private corporation planning, intergenerational wealth planning, and other situations where a family wants a more structured way to control and distribute property.
Unlike a simple will, a family trust can operate during a person's lifetime. It may be used to hold shares of a private corporation, manage family wealth, support children or other beneficiaries, assist with succession planning, or coordinate with broader tax and estate-planning strategies.
Family trusts are powerful tools, but they are not one-size-fits-all documents. Whether a family trust makes sense depends on the client's assets, family circumstances, corporate structure, tax position, estate-planning goals, and the advice of any accountants, financial advisors, or corporate lawyers involved.
This service is intended for clients who need a professionally drafted family trust deed in Ontario. The starting price applies to relatively straightforward family trust planning. The price may increase where the matter involves complex tax planning, multiple corporations, operating companies, holding companies, estate freezes, business succession planning, real estate, family conflict, cross-border issues, or coordination with other professionals.
What Is a Family Trust?
A family trust is an arrangement where one or more trustees legally control property for the benefit of one or more beneficiaries. The person setting up the trust decides the basic structure, the trustees are responsible for managing the trust, and the beneficiaries are the people who may benefit from it. In many cases, the trust deed gives the trustees discretion over how and when trust property is distributed. A family trust can hold a wide range of assets, including shares of a private corporation, cash, investments, or other property.
Why People Use Family Trusts
- To hold shares of a private corporation
- To help with business succession planning
- To organize family wealth
- To plan for children or future generations
- To separate legal control from beneficial ownership
- To support estate-planning goals
- To coordinate with tax planning recommended by an accountant
- To manage how and when beneficiaries receive property
- To help protect family assets in appropriate circumstances
Why Pricing Starts at $3,000 + HST
Family trusts require more legal work than a basic will because the lawyer must draft a trust structure that deals with trustees, beneficiaries, trustee discretion, distribution powers, control of trust property, and the client's broader estate or business-planning goals. The trust deed needs to be carefully tailored to the client's specific circumstances. The starting price applies to relatively straightforward trust drafting. More complex situations — including multiple corporations, estate freezes, real estate, family conflict, or cross-border issues — may require a custom quote.
Important Note About Tax Advice
Family trusts often have tax consequences. This service covers the preparation of the trust deed and related legal documents, but tax advice, accounting advice, corporate restructuring, estate freezes, and annual trust tax filings are generally separate matters. Clients should speak with an accountant or tax advisor before setting up a family trust where tax planning is a major reason for the structure. The lawyer will not be providing tax or accounting advice as part of this service.
Important Note About Legal Advice and Suitability
A family trust is not appropriate for everyone. The lawyer must review the client's goals, family situation, assets, and broader planning needs before confirming whether a family trust is the right approach and before quoting a final fee. Submitting a request starts that conversation — it does not commit either party to proceeding.
What Is Included
- Review of the client's trust-planning goals
- Discussion of proposed trustees and beneficiaries
- Preparation of a family trust deed
- Clauses dealing with trustee powers and discretion
- Clauses dealing with distributions to beneficiaries
- Review of basic trust administration responsibilities
- Coordination language for estate or succession planning where appropriate
- Lawyer review before finalization
- Signing instructions
What Is Not Included
- Tax advice, accounting advice, or corporate restructuring
- Estate freeze or corporate reorganization
- Annual trust tax filings (T3 returns) or ongoing trust administration
- Simple personal will without trust planning (separate service)
- Henson Trust for a loved one with a disability (separate service)
- Incorporation of a holding company or operating company
- Shareholder agreement drafting or review
- Cross-border or foreign trust planning
- Ongoing trustee services or investment management
- Representation in family litigation or will challenges
Who This Service Is For
Information Required from You
- 1Your full legal name, address, and date of birth
- 2Names and details of all proposed trustees
- 3Names and relationship of all proposed beneficiaries
- 4Description of the assets or property intended to be held in the trust
- 5Whether any private corporation shares are involved, and a brief description
- 6Overview of the estate-planning or business goals behind the trust
- 7Whether an accountant or other advisor has been consulted
- 8Any existing estate-planning documents or corporate structure details
- 9Any specific distribution or control preferences
Common Add-Ons
Frequently Asked Questions
Important Limitations
- •Submitting a request does not automatically create a lawyer-client relationship. A lawyer must first review the request, complete any required conflict check, confirm the scope of work, and provide a retainer agreement before legal services are provided.
- •The starting price of $3,000 + HST applies to relatively straightforward family trust drafting. The price will be reviewed and may be adjusted after the initial consultation, depending on the complexity of the client's situation.
- •This service covers the preparation of a family trust deed and related legal documents. It does not include tax advice, accounting advice, corporate reorganization, annual trust tax filings, or ongoing trustee administration.
- •Family trusts can have significant legal, tax, and practical consequences. Clients are encouraged to speak with an accountant or tax advisor before proceeding where tax planning is a major goal.
- •The lawyer must review the client's specific circumstances before confirming whether a family trust is appropriate. Not every situation calls for a trust structure.
Starting from
$3,000
Plus HST
Family trusts require careful legal drafting. The starting price reflects the baseline work for a straightforward trust structure. Where the client's situation involves multiple corporations, tax planning, estate freezes, real estate, family complexity, or coordination with other professionals, the fee will be higher and will be discussed before any retainer is signed.
This service is provided by a third party. By requesting this service, you consent to us sharing your inquiry with one of our partner law firms, and you may be contacted by them, pursuant to our Privacy Policy.
Requesting does not create a lawyer-client relationship. Subject to conflict check and acceptance.
Prices are for the stated scope only. Additional complexity, urgency, disbursements, HST, or government fees may apply.
Starting from
$3,000
Plus HST