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EPCA PRESENTATION

THE INDEPENDENT TRUST
 COMPANY EXPERIENCE

   OCTOBER 21, 2009
AGENDA

• History
• Services Offered
• Fees
• Examples Where Independent Trust
  Company Useful
• Conclusion
HISTORY
• Pre-Early 1990’s
• Change in Cross-Ownership Legislation
• Bank Owned Trust Company Evolution
• Different Business Focus
• Opportunity for Creation of New, Independent
  Trust Companies across Canada
• Process Involved
SERVICES PROVIDED
•   Executor or administrator of estates
•   Trustee of trusts
•   Substitute decision maker
•   Agent
•   N.B. Non-deposit taking and no affiliation with
    any other financial institution
FEES
•   Legislated maximum in B.C.
•   May be higher with client consent
•   Our fees are usually lower than maximum
•   Generally no minimum fees
•   No fees in some cases
EXAMPLES WHERE INDEPENDENT
   TRUST COMPANY USEFUL
• Smaller Estates
  – Where charities are the only beneficiaries
  – Where long time bank customer
  – Where named executor predeceased and no
    local next of kin or beneficiaries
  – Where intestacy and next of kin cannot agree
  – Where most assets held jointly and survivor
    unable to act as executor
EXAMPLES contin.
• Smaller Trusts
  – Trusts with beneficiaries receiving provincial
    disability benefits
  – Trusts for grandchildren under a will
  – Trusts for spendthrift family member
  – Insurance trusts
  – Trusts for incapable beneficiaries (e.g.
    litigation settlements)
EXAMPLES contin.
• Larger Estates & Trusts
  – Client wants to use independent trust
    company so can continue to use other
    independent financial service providers
  – Complicated matter involving family
    dynamics and/or challenging assets and
    administration requires additional
    personalized service
EXAMPLES contin.
• Larger Estates & Trusts contin.
  – Client wants to deal with locally based trust
    company
  – Client only needs alternate trustee (e.g. alter
    ego or joint partner trust)
  – Client needs administrator pendentelite
EXAMPLES contin.
•   Substitute Decision Maker
    – For Power of Attorney, same situations as
      above with executor (e.g. smaller estate and
      no local next of kin or friend or larger estate
      and want independent firm)
    – For Committee, smaller estate or larger
      estate and family want to be co-committee
      with professional
EXAMPLES contin.
• Agent
  – Smaller estate and charity wants to honour
    wishes of donor who appointed individual at
    charity to be executor
  – Smaller estate and executor needs
    assistance due to fact that they are out of
    town, busy, family dynamics or inexperienced
    with estate administration
THANK YOU!
• Any questions?
• Please contact us:

     John Blackmer, LLB, MBA
     President & CEO
     Suite 1201, The Standard Building
     510 West Hastings Street
     Vancouver, B.C. V6B 1L8
     T: 604.683.5949
     F: 604.683.3148

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STCL EPCA - John Blackmer - Solus Trust

  • 1. EPCA PRESENTATION THE INDEPENDENT TRUST COMPANY EXPERIENCE OCTOBER 21, 2009
  • 2. AGENDA • History • Services Offered • Fees • Examples Where Independent Trust Company Useful • Conclusion
  • 3. HISTORY • Pre-Early 1990’s • Change in Cross-Ownership Legislation • Bank Owned Trust Company Evolution • Different Business Focus • Opportunity for Creation of New, Independent Trust Companies across Canada • Process Involved
  • 4. SERVICES PROVIDED • Executor or administrator of estates • Trustee of trusts • Substitute decision maker • Agent • N.B. Non-deposit taking and no affiliation with any other financial institution
  • 5. FEES • Legislated maximum in B.C. • May be higher with client consent • Our fees are usually lower than maximum • Generally no minimum fees • No fees in some cases
  • 6. EXAMPLES WHERE INDEPENDENT TRUST COMPANY USEFUL • Smaller Estates – Where charities are the only beneficiaries – Where long time bank customer – Where named executor predeceased and no local next of kin or beneficiaries – Where intestacy and next of kin cannot agree – Where most assets held jointly and survivor unable to act as executor
  • 7. EXAMPLES contin. • Smaller Trusts – Trusts with beneficiaries receiving provincial disability benefits – Trusts for grandchildren under a will – Trusts for spendthrift family member – Insurance trusts – Trusts for incapable beneficiaries (e.g. litigation settlements)
  • 8. EXAMPLES contin. • Larger Estates & Trusts – Client wants to use independent trust company so can continue to use other independent financial service providers – Complicated matter involving family dynamics and/or challenging assets and administration requires additional personalized service
  • 9. EXAMPLES contin. • Larger Estates & Trusts contin. – Client wants to deal with locally based trust company – Client only needs alternate trustee (e.g. alter ego or joint partner trust) – Client needs administrator pendentelite
  • 10. EXAMPLES contin. • Substitute Decision Maker – For Power of Attorney, same situations as above with executor (e.g. smaller estate and no local next of kin or friend or larger estate and want independent firm) – For Committee, smaller estate or larger estate and family want to be co-committee with professional
  • 11. EXAMPLES contin. • Agent – Smaller estate and charity wants to honour wishes of donor who appointed individual at charity to be executor – Smaller estate and executor needs assistance due to fact that they are out of town, busy, family dynamics or inexperienced with estate administration
  • 12. THANK YOU! • Any questions? • Please contact us: John Blackmer, LLB, MBA President & CEO Suite 1201, The Standard Building 510 West Hastings Street Vancouver, B.C. V6B 1L8 T: 604.683.5949 F: 604.683.3148