Expertise and Experience You Can Trust
Miller Thomson’s PCS Group is one of the largest and most prominent in Canada, specializing in the day-to-day and long-term planning needs of many of the country’s most successful private family enterprises and individuals. We have acted for clients in a full range of matters with respect to estate planning, personal and corporate tax, business succession planning, trusts, estate administration, trust and estate litigation and incapacity and elder law.
Tailored Service from Industry Leaders
It’s not just clients who look to our creative and collaborative professionals for guidance in matters of wealth management. The PCS Group distinguishes itself through our cornerstone publication, Miller Thomson on Estate Planning (MTEP) – a preeminent Canadian publication on estate planning. Published by Thomson Reuters, MTEP is a two-volume, twenty-chapter publication, covering a broad range of tax and estate planning topics in Canada, as well as United States cross-border estate planning. MTEP is regularly updated and marks a truly collaborative effort by our PCS lawyers across Canada.
National Reach
With offices in Ontario, Québec, British Columbia, Alberta, and Saskatchewan, we are well-positioned to assist clients wherever in the country they have assets or investment interests. Our diverse PCS team also works closely with their colleagues across Canada, drawing on the firm’s depth of expertise in related areas of practice, including Financial Services, Charities & Not-For-Profit, Private Equity and Real Estate to deliver comprehensive legal solutions for clients.
Comprehensive Legal Support
Our areas of expertise include:
Estate Planning, Business Succession Planning and Personal Tax
- Tax-planned trusts and wills to achieve wealth distribution objectives while minimizing tax
- Succession plans to transition family businesses while maintaining family harmony
- Custom designed estate freeze and income-splitting arrangements
- Practical planning to reduce probate taxes
- Life insurance planning
- Cross-border will and trust planning for clients with dual residence, U.S. citizenship or foreign property
- Charitable giving including the use of private charitable foundations
- Pre-nuptial and Cohabitation agreements
Estate Administration
- Applications for probate
- Assisting executors and estate trustees in their duties
- Administration of estates and trusts
- Opinions on will and trust interpretations
- Post mortem tax planning
- Jurisdictional issues
- Preparation of accounts for estates and trusts
- Assisting institutional fiduciaries to reduce exposure and manage risks
- Advising trustees on complex fiduciary issues
- Advising beneficiaries on their rights and expectations
Estate and Trust Dispute Resolution, Mediation and Arbitration
Our lawyers are experienced in complex dispute resolution with respect to estates and trusts. We provide a full range of services in trust and estate litigation including:
- Contested proceedings in trust, estate and charitable matters
- Variation of trusts
- Motions for advice and directions
- Cy-près applications for trustees and charities
Incapacity and Elder Law
- Substitute decision-making and mental incapacity planning
- Continuing enduring powers of attorney for property and durable powers of attorney
- Powers of attorney for personal care, personal directives, representation agreements and “Living Wills”
- Advising on the use of trusts and powers of attorney to protect clients’ assets and to effect personal care decisions in the event of long term illness or incapacity
- Management plans, guardianship and committeeship
- Contesting an attorney’s, agent’s, or guardian’s decisions or accounts
