Our professionals provide comprehensive advice to executives, entrepreneurs and family enterprises of all types and at all stages of life. Recognizing that each estate and vision for the future is unique, we help formulate strategies that integrate personal and business objectives. From tax planning to estate administration, we become trusted partners in implementing solutions that address your goals. For us, estate planning is a continuous process that evolves with the transitions of your family and business. Whether you are planning for retirement, managing inherited wealth or navigating a major life change, we guide you at every step, from initial planning to managing multi-generational asset transfers and family dynamics.
"A true partner to the business: they understand our world and our work. They feel like an extension of us."
Protecting What Matters Most
At Bennett Jones, we pride ourselves on our enduring client relationships based on transparency, reliability and respect. It is a tremendous privilege to be a steward to multiple generations in protecting family, legacy and peace of mind. In our commitment to our clients’ desired outcomes, we have geared our services to include the development of proactive strategies; the drafting of wills and trusts; the resolution of disputes and litigation; advocacy on behalf of trustees and executors; planning for incapacity; and providing support in honoring your wishes and ensuring that your loved ones are taken care of.
Where We Help
Tax Planning
With one of the largest tax planning groups of any law firm in western Canada, our Tax practice's seamless integration with our Private Client group offers a team approach to helping families with all of their personal, business, transactional and succession planning needs.
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Tax Controversies
Bennett Jones has extensive experience assisting private clients with all aspects of Canadian tax controversies, including:
- assisting and resolving complex CRA audits of high-net worth families, and associated private corporate groups including large corporation tax disputes;
- representing clients before CRA Appeals;
- litigating tax disputes before the Tax Court of Canada, the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada;
- making voluntary disclosures to prospectively resolve undisclosed tax issues;
- making fairness requests to CRA to reduce interest or penalties assessed;
- managing CRA collections issues;
- seeking judicial review of discretionary decisions by the CRA before the Federal Court where needed;
- at each step in the CRA process, developing and negotiating creative and reasonable settlements with CRA;
- dealing with provincial tax authorities, including the Alberta Tax and Revenue Administration; and
- making applications to the provincial superior courts for rectification or rescission.
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Estate & Trust Planning
We offer services to high net worth individuals with respect to their succession and estate planning, including:
- business transition and succession including small business corporations and farm corporations;
- tax planning such as estate freeze reorganizations, amalgamations and butterfly transactions;
- establishing trusts including discretionary family trusts and alter ego/joint partner trusts;
- Canada-U.S. cross-border planning and advice;
- international estate planning;
- wills, enduring powers of attorney and personal directives;
- probate tax planning strategies;
- estate planning to protect against claims by creditors and claimants of an estate;
- estate administration services including applications for grants of probate, administration and resealing;
- trust variation applications;
- passing of accounts applications;
- advice regarding executor and trustee compensation; and
- advising trustees regarding their duties and obligations.
Key Contacts
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Kelly L. Hammel
Associate
Edmonton
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Estate Litigation
We represent executors, administrators, personal representatives, and estate trustees in litigation involving claims by and against estates. Our services extend to representing claimants of an estate, including surviving spouses, common-law or adult interdependent partners, minor children, adult children with disabilities and clients challenging the validity of a will due to lack of capacity or undue influence. Additionally, we provide counsel to trustees, advising them on their duties, responsibilities and compensation, and representing them against claims made by beneficiaries or third parties. We also represent trustees who serve as directors of companies owned by the trust, ensuring their interests are fully protected.
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Private Equity and Mergers & Acquisitions
Our Private Equity & Investment Funds and Mergers & Acquisitions teams have comprehensive experience working with family offices, closely-held businesses and institutional investors to meet their diverse needs.
In the private equity & investment funds space, our teams regularly assist these clients in all aspects of domestic and international private equity funds throughout the investment fund life cycle, including the following:
- advising on investment structuring, including co-investments, parallel investment vehicles and other syndicated investment structures;
- negotiation and drafting of all types of investor agreements, including limited partnership agreements, co-investment and shareholders’ agreements and side letters with a focus on management fees, carried interest payments and complex distribution waterfalls; and
- providing advice regarding the registration and ongoing compliance requirements applicable to such investments.
In addition to more customary issues related to mergers & acquisitions, our teams work closely with private client advisors to assist clients operating in local, national and international markets, with issues specific to private clients, including the following:
- strategic acquisitions and joint ventures aligned with the client’s growth initiatives;
- structural considerations regarding intergenerational and management succession planning; and
- divestitures and exits in a tax efficient manner.
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Philanthropy
We work closely with families in achieving their philanthropic goals, such as formation and governance of family foundations or the making of legacy gifts. We also have extensive experience helping charities and not-for-profit organizations, including in setting up and structuring their affairs.
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Real Estate
From development, construction and land-use planning to acquisitions and dispositions, real estate financing and property management, our Real Estate group is a team of deal-oriented professionals who advise on all matters and transactions involving commercial real estate, and who can anticipate and respond to the real estate market and its players. Our clients include public sector clients as well as developers, investors, portfolio managers, landlords, tenants, real estate professionals and financial institutions.
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Family Enterprise
Our team advises high-net-worth families and family enterprises on their personal and business matters. Our expertise allows us to provide sophisticated advice on personal estate planning, personal and corporate tax planning, corporate and family governance, ownership and leadership succession issues, purchase and sale transactions, disputes and controversies, philanthropy, real estate, and more.
Family enterprises often evolve to include more complicated corporate structures and multiple generations of owners. We take a big picture approach to tailor our advice to the unique values, goals and structure of each family and each family enterprise. We have the extensive experience and deep insight needed to advise families and family enterprises on these complex structures.
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Bennett Jones