To Be Or Not To Be? The Question of the Exclusion of Trust Property Upon Marriage Breakdown

Ludmer v Ludmer 2013 ONSC 784 is a case that dealt with, among other things, the exclusion of trust property in a net family property calculation upon a marriage breakdown.

Lisa and Brian Ludmer were married for almost 20 years until they decided to end their marriage in 2005. They had entered into a marriage contract which excluded from the parties’ net family property the value of any assets given to them by way of gift or inheritance through inter vivos or testamentary instrument. Brian Ludmer was a beneficiary of a trust created as part of his father’s estate plan. His father Irving had substantial assets. As a result, one of the main issues in the Application became the validity and enforceability of a marriage contract.

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