Lucinda (Lucy) E. Main

Partner

Toronto
647.715.3568

Lucinda (Lucy) E. Main

Lucy is a partner and Co-Chair of the Wills, Trusts and Estates Practice Group at WeirFoulds with a practice that focuses on estate and trust planning and administration.

Lucy advises Canadian and international clients on a wide range of estate and trust matters including drafting estate planning documents, establishing private charitable foundations, counselling beneficiaries of estates and helping with the administration of estates, just to name a few.

Since her call to the bar in 2008, Lucy has persistently pursued ways in which to build her skill set and knowledge to better serve her clients. To this end, in 2013 she completed the requirements necessary to earn the Trust and Estate Practitioner (TEP) designation from the international Society of Trust and Estate Practitioners (STEP).

In addition to her client work, Lucy enjoys actively participating in associations with an emphasis on trust and estate legal matters. Lucy co-founded the Toronto Junior Trusts and Estates Practitioners’ Group (JTEPG) which has grown to approximately 100 young trust and estate planners and litigators in Toronto who meet monthly to discuss current trust and estate matters and is now run and maintained independently of her.

Lucy frequently writes and co-authors articles for various publications (both domestic and international) including Trusts and Trustees, Journal of International Tax, Trust and Corporate Planning and Canadian Tax Focus. Her book Preparation of Wills and Powers of Attorney: First Interview to Final Report, Fifth Edition was published in 2022. She regularly presents at legal conferences including for the International Association of Young Lawyers (AIJA), Law Society of Ontario (formerly known as the Law Society of Upper Canada), Ontario Bar Association (OBA), STEP, Canadian Tax Foundation (CTF) and American Law Institute/American Bar Association. She is frequently invited to present at gatherings of nonlawyers including giving talks to financial advisors and their clients and at various Toronto Public Library branches.

 

Lucy advises Canadian and international clients on a wide range of estate, trust and tax matters, including:

  • drafting estate planning documents, including Wills, Continuing Powers of Attorney for Property and Powers of Attorney for Personal Care;
  • working with family businesses and closely-held private companies with regard to their tax and business succession planning;
  • establishing private charitable foundations for individuals and families;
  • advising clients on methods in which to minimize income tax and estate administration tax (i.e. probate fees) payable on death;
  • counselling beneficiaries of estates, executors of estates, trustees of trusts and attorneys for property and personal care;
  • helping with the administration of an estate (i.e. the probate process);
  • advising on the Canadian taxation of various domestic and international trust structures and succession plans;
  • assisting in the setting up and maintenance of domestic and international trusts; and
  • providing support to litigators in contentious estate and trust matters (e.g. Will challenges, passing of accounts, testamentary capacity disputes, guardianship, dependant’s relief claims, etc.).
  • Hoffstein Book Prize, Ontario Bar Association, 2016
  • Repeatedly recognized in the Canadian Legal Lexpert Directory as a leading practitioner in Estate & Personal Tax Planning
  • Repeatedly recognized by Best Lawyers in Canada as a leading lawyer in Trusts and Estates
  • Member, Board of Directors, Canadian Tax Foundation (2022 – 2023)
  • Member, Editorial Board, Thomson Reuters’ Taxes & Wealth Management quarterly publication
  • Member, Editorial board, STEP Toronto Branch Newsletter Committee
  • Canadian Representative, International Association of Young Lawyers (2013 – 2016 and 2018 – 2020)
  • Faculty Member, “Estate Planning and Administration”, The Osgoode Intensive Program in Wills & Estates, 2019 and 2018
  • Organizing committee member, Senior Estates & Trusts Practitioners’ Forum – November Edition (2016 and 2017)
  • Executive Committee Member, OBA’s Trusts and Estates Law Section (2011 -2016)
  • Member, the Toronto Public Library’s Law at the Library committee (2015)
  • Organizing Committee Member, CTF’s annual Ontario Conference, The Definitive Tax-Planning Conference for Advisors to Owner-Managed Businesses (2013, 2014 and 2015)
  • Executive Committee Member, OBA’s Taxation Law Section (2009 – 2014)
  • Member, Steering Committee of the Toronto chapter of the Canadian Tax Foundation’s (CTF) Young Practitioners Group (2011 – 2013)
  • Committee Member, OBA’s Trusts and Estates Law Section (2009 – 2011)
  • Co-Founder, Toronto Junior Trusts and Estates Practitioners’ Group (JTEPG)
Called to the Bar
  • Ontario (2008)

Education
  • LL.B., Queen’s University, 2007
  • B.A. (Hons.), University of Western Ontario, 2004
Affiliations
  • Canadian Bar Association
  • Canadian Tax Foundation
  • International Association of Young Lawyers (AIJA)
  • Ontario Bar Association
  • Society of Trust and Estate Practitioners (STEP)

Speaking Engagements

Co-presenter, “Trust reporting Requirements under the Income Tax Act and Beneficial Ownership Disclosure under the Ontario Business Corporations Act”, Canadian Tax Foundation, The Definitive Tax-Planning Conference for Advisors to Owner-Managed Businesses, October 24, 2022.
Speaker, "Covering Your Assets: Estate Planning Tips and Insights", Steadyhand, Online, October 12, 2022
Guest Speaker, “Retirement Realities in 2021”, Connor Clark & Lunn Private Capital, Online, November 18, 2021
Panelist, “The 4 Most Frequent Situations Where Trusts are Used in Common Law Countries”, Trusts and Continental Law: Is This Marriage Possible?, International Association of Young Lawyers (AIJA), Geneva, Switzerland, November 14-16, 2019
Participating Mentor, "Eighth Annual Speed Mentoring Event”, Young Women in Law, September 25, 2019
Speaker, “Estate Administration Tax Pushback”, Law Society of Ontario, Practice Gems: Administration of Estates 2018, September 21, 2018
Co-speaker, “The Anatomy of a Cross-Border Will”, Senior Estates & Trusts Practitioners’ Forum, Cambridge Forums, November 6, 2017
Speaker, “Intersection of Family, Tax, and Estate Law: Recent Legislative and Case Law Income Tax Changes”, Society of Trust and Estate Practitioners, September 13, 2017
Speaker, “The Family Lawyer as Quarterback: Managing Estate Planning Issues”, Toronto Lawyers Association, September 13, 2017
Participating Mentor, "Sixth Annual Speed Mentoring Event”, Young Women in Law, June 27, 2017

Legend: GeneralLitigationPropertyCorporateGovernment

Legend: GeneralLitigationPropertyCorporateGovernment

Legend: GeneralLitigationPropertyCorporateGovernment

Publications:

  • Co-author, “Is it time to update your Will and Powers of Attorney”, Your Guide to Charitable Giving & Estate Planning, Fall 2022 Edition, November 2022
  • Author, “Preparation of Wills and Powers of Attorney: First Interview to Final Report, 5th Edition”, Canada Law Book, September 2022
  • Co-author, “International Trust Laws”, Jordan Publishing, Updated Chapter on Canada (update 104), June 2022
  • Co-author, “New Year, New Estate Laws”, Your Guide to Charitable Giving & Estate Planning, Spring 2022 Edition, April 2022
  • Co-author, “Family Offices in Canada – current state and their future,” The International Family Offices Journal (Globe Law and Business), December 2021
  • Co-author, “Impact of COVID-19 on Estate Planning”, Your Guide to Charitable Giving & Estate Planning, Fall 2021 Edition, November 2021
  • Co-author, “Update on Calmusky v. Calmusky: The Continuing Uncertainty of the Presumption of Resulting Trust in Beneficiary Designations”, Taxes and Wealth Management, Thomson Reuters Canada, Issue 14-3, October 2021
  • Co-author, “Significant Estates Law Changes are Coming for All Ontarians: An Overview of Bill 245 & Rule Changes for Small Estates”, Society of Trusts and Estates Practitioners, Connection Toronto Branch Newsletter, vol. 8, no. 7, May 2021
  • Co-author, “Presumption of Resulting Trust Applied to Beneficiary Designation of Registered Retirement Income Fund”, Taxes and Wealth Management, Thomson Reuters Canada, Issue.14-01, March 2021
  • Co-author, “Ontario Moving to Electronic Filing of Probate Applications and Other Estate Law Updates”, Taxes and Wealth Management, Thomson Reuters Canada, Issue 13-3, November 2020
  • Co-author, “Execution of Wills and Powers of Attorney During the Covid-19 Pandemic in Ontario”, Taxes and Wealth Management, Thomson Reuters Canada, Issue 13-2, May 2020
  • Contributing Author, “Family Offices: The Society of Trusts and Estates Practitioners Handbook for Advisors, Second Edition”, STEP and Globe Law and Business, May 2019
  • Co-author, “International Trust Laws”, Jordan Publishing, Updated Chapter on Canada (update 91), March 2019
  • Co-author, “Case Comment: Stajduhar v. Wolfe 2017 ONSC 4954”, Society of Trusts and Estates Practitioners, Connection Toronto Branch Newsletter, January 2018
  • Co-author, “On the House” (a report on the unwelcome tax changes for foreigners buying real estate in Canada), Offshore Investment, October 1, 2017
  • Co-author, “Recent changes to Canadian immigration, tax, real estate and trust law and their potential adverse consequences on attracting high net worth foreigners and foreign investment to Canada”, Journal of International Tax, Trust and Corporate Planning, vol. 24, issue 3, 2017
  • Co-author, ““Family Offices in Canada”, The International Family Offices Journal (Globe Law and Business), June 2017
  • Co-author (with Anna Alizadeh), ““Physician Assisted Dying: Is the Debate Over?”, Key Developments in Estates and Trusts Law in Ontario, 2015-2016 Edition, Canada Law Books, Summer 2016
  • Contributing author, “Family Offices: The Society of Trusts and Estates Practitioners Handbook for Advisors”, STEP and Globe Law and Business, April 2015
  • Co-author, “International Trust Laws”, Jordan Publishing, Chapter on Canada, January 2015
  • Author, “Estates, Trust and Tax Law in Canada: Recent Developments of Interest”, Journal of International Tax, Trust and Corporate Planning, Vol. 20, No. 4, 2013
  • Co-author, “A Guide to International Estate Planning: Drafting, Compliance, and Administration Strategies”, 2nd edition, updated Wolfe D. Goodman’s Chapter 16 – Special Considerations in U.S.-Canada Estate Planning, December 2013
  • Author, ““Nizar Kanji v. Attorney General of Canada: McPeake Decision Distinguished and Rectification Not Granted,” Trusts and Estates Law Section of Ontario Bar Association’s newsletter, Deadbeat, Vol. 31, No. 3, April 2013
  • Author, ““Dice v. Dice Estate: Interpretation of the Term ‘Per Stirpes’,” Trusts and Estates Law Section of Ontario Bar Association’s publication Deadbeat, Vol. 31, No. 2, January 2013

In the Media:

  • Quoted in “Caution flags for spousal trusts: New tax rules may cause spousal trust assets to be taxed in the hands of someone who does not receive the assets” by Rudy Mezzetta, Investment Executive, November 2015
  • Featured in Carrick Talks Money, Globe and Mail on-line video, “Stop procrastinating: it’s time to get a will.”
  • Featured in Carrick Talks Money, Globe and Mail on-line video, “What’s so bad about using a DIY will kit?”
  • Featured in Carrick Talks Money, Globe and Mail on-line video, “Who will be my executor and power of attorney?”
  • Featured in “How Parents Can Help Their Adult Children Buy A House” in the August 12, 2014 issue of The Globe and Mail.
  • Featured in Carrick Talks Money, Globe and Mail on-line video, “Your Duties as Power of Attorney.”
  • Featured in Carrick Talks Money, Globe and Mail on-line video, “How to Choose Your Power of Attorney?”
  • Featured in Carrick Talks Money, Globe and Mail on-line video, “You Want to Give Me Power of Attorney?”
  • Featured in “Loyalty points: Don’t waste this overlooked asset” in the June 27, 2013 issue of The Globe and Mail.