Trusts - Edmonton, Alberta
Trust Lawyers in Edmonton
A trust lets you decide exactly how, when, and for whom your assets are used, long after you’ve signed your will. For many Alberta families, a trust turns an inheritance into lasting protection.
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At Bosecke LLP, our Edmonton lawyers set up trusts for parents of minor children, blended families, business owners, and families supporting a loved one who receives AISH. We explain the options clearly and use our legal experience to build tailored trusts as part of your comprehensive estate plan, so every document works seamlessly.
How Trusts Fit Into an Alberta Estate Plan
A trust separates legal ownership of property from the benefit of ownership. A settlor places assets in trust, a trustee manages them, and one or more beneficiaries receive the benefit on the terms you set.
That structure solves problems a simple Will can’t:
- Holding an inheritance until a child reaches an age you choose, rather than 18
- Protecting a beneficiary who struggles with money, addiction, or a difficult relationship
- Preserving government disability benefits for a loved one on AISH
- Providing for a new spouse while guaranteeing your children from an earlier relationship inherit
- Managing family business shares or income-splitting through a family trust
Why Bosecke LLP
Why Alberta Families Turn to Our Edmonton Lawyers for Trust Structures
Four Decades of Alberta Legal Experience
Bosecke LLP has served Edmonton families and business owners since 1988, and our founding lawyer has practised in Alberta since 1984. That history means we’ve seen how estate plans actually play out over decades, including what holds up, what causes disputes, and what families wish they’d done differently.
Estate, Corporate and Real Estate Law under One Roof
Our lawyers work on wills and estates alongside corporate structures, shareholder agreements, reorganizations, joint ventures and limited partnerships. Many trusts hold business shares, a family home, or rental property. Because our team handles all of those every day, your trust is built with the whole picture in view, not drafted in isolation.
A Business-Minded Approach
Our team’s training spans commerce, estate law, and advanced study in Canadian common law. We look at a trust the way your accountant and financial advisor do: how it’s taxed, how it’s funded, and how it will run for years to come.
Types of Trusts We Set Up
The right trust depends on what you want to protect, when it should take effect, and who it’s for.
| Trust type | When it takes effect | Who it’s for | Common reasons Alberta families use it |
|---|---|---|---|
| Testamentary trust | On your death, created in your Will | Minor children, young adults, beneficiaries who need oversight | Delaying inheritances, staged payouts, naming a trustee to manage funds |
| Henson trust | In your Will or during your lifetime | A beneficiary receiving AISH or other disability support | Leaving an inheritance without affecting disability benefits |
| Family trust | During your lifetime (inter vivos) | Spouses, children, grandchildren | Holding shares in a family business, income splitting, estate freezes |
| Alter ego trust | During your lifetime | You, if you’re 65 or older | Managing assets if you lose capacity, privacy, keeping assets outside your estate |
| Joint partner trust | During your lifetime | You and your spouse or partner, if you’re 65 or older | Same as an alter ego trust, for couples |
Most trusts are subject to a 21-year rule: the Income Tax Act treats the trust as selling its capital property every 21 years, which can trigger tax. Alter ego and joint partner trusts follow different timing. We plan around these deadlines with you and your accountant from the start.
Henson Trusts and AISH
If you have a child, sibling, or other loved one who receives Assured Income for the Severely Handicapped (AISH), how you leave them an inheritance matters.
AISH limits a recipient’s non-exempt assets to $100,000. An inheritance paid directly to them could push them over that limit and put their benefits at risk.
Since 1 April 2018, Alberta has treated assets held in a trust as exempt when assessing AISH eligibility. That makes a properly drafted trust, often called a Henson trust, one of the most effective ways to support a loved one with a disability. A Henson trust gives the trustee full discretion over payments, so the beneficiary has no automatic right to the money.
There are a few rules to plan around:
- The one-year window. If a recipient inherits money directly, they generally have one year to move it into a trust or another exempt asset.
- Trust income is partly counted. Payments from the trust can affect the monthly living allowance and may need to be reported.
- Choosing the trustee. The trustee needs good judgment, and ideally a backup, since the trust may run for decades.
AISH and the Alberta Disability Assistance Program (ADAP)
In July 2026, Alberta introduced the Alberta Disability Assistance Program (ADAP) alongside AISH. Some recipients may be in one program and some in the other.
Each program’s asset and income rules affect how a trust should be drafted, so we confirm which program your loved one is in and the current rules before finalizing your trust.
You can review the province’s AISH eligibility rules (opens in a new tab) for current asset limits.
Choosing a Trustee and Writing the Trust Terms
The trust document is only as good as the person running it and the instructions they’re given. We help you decide:
- Who should be trustee: a family member, a trusted friend, a professional, or a combination
- When payments should be made: at set ages, for specific purposes such as education or housing, or entirely at the trustee’s discretion
- What happens next: who receives what’s left when the trust ends
- How the trustee is held accountable: reporting, backup trustees, and how to replace a trustee
Your trustee choices should line up with the people named in your Enduring Power of Attorney and Personal Directive, so the plan works during your lifetime as well as after it.
Trusts vs. Other Planning Tools in Alberta
A trust isn’t always the answer. In Alberta, probate court fees top out at $525, so avoiding probate alone is rarely a reason to set up a living trust. We’ll compare the options honestly:
| Option | Best for | Limits |
|---|---|---|
| Trust | Control, protection, disability planning, business assets | Setup cost, trustee duties, tax filings |
| Registered Disability Savings Plan (RDSP) | Long-term savings for a person with a disability, with government grants and bonds | Contribution and withdrawal rules; complements a trust rather than replacing it |
| Joint ownership | Simple transfers between spouses | Can expose assets to the other owner’s creditors and cause disputes with children |
| Beneficiary designations (RRSPs, insurance) | Fast payment outside the estate | No control once paid; a direct payment can affect AISH |
For a closer look at lifetime trusts, read our lawyer’s guide to living trusts in Alberta.
FAQ
Answers to Your Frequently Asked Trust Questions
Will an inheritance affect my child's AISH benefits?
It can. A direct inheritance that pushes non-exempt assets over $100,000 may affect eligibility. Leaving the inheritance through a properly drafted trust avoids that.
Can I set up a Henson trust in my Will?
Yes. Most Henson trusts are created in a Will and take effect on death. They can also be set up during your lifetime.
Who should I choose as trustee?
Someone responsible, organized, and likely to be available for years. Many families name two trustees or add a professional to work alongside a family member.
Do I need a living trust to avoid probate in Alberta?
Usually not. Alberta probate fees are capped at $525, so a living trust is better suited to privacy, capacity planning, or tax goals.
What is the 21-year rule?
Most trusts are treated as selling their assets every 21 years for tax purposes. Planning ahead can reduce the tax that results.
Can a trust protect my children's inheritance after I remarry?
Yes. A testamentary trust can support your spouse during their lifetime and then pass the remaining assets to your children.
How much does it cost to set up a trust?
It depends on the type and complexity. We provide a written estimate before any work begins.
Speak With an Edmonton Trust Lawyer
Whether you’re planning for a loved one on AISH, protecting your children’s inheritance, or structuring a family business, we’ll help you choose the right trust and set it up properly.
Book a free consultation or call (825) 819-0310. We serve clients in English, Punjabi, Hindi, and Tagalog.