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Trust & Foundation Fiducie et Fondation

Asset Protection Vaults Coffres de Protection d'Actifs

Legal structures and physical custody arrangements that protect wealth from creditors, litigation, and unjust claims — within the full framework of Canadian law. Structures légales et arrangements de garde qui protègent le patrimoine des créanciers et des litiges.

Asset Protection in Canadian Law

Reviewed & Verified By
JL
Jonathan Lim, CFA
Senior Wealth Advisor, St. Lawrence Gate Financial Group — 25+ years in Canadian retirement and estate planning

Asset protection planning in Canada operates within a framework of federal and provincial legislation that balances the rights of creditors with the legitimate interest of individuals and families in protecting the assets they have lawfully accumulated. St. Lawrence Gate structures asset protection arrangements that are legally robust, professionally defensible, and established before any claim arises — post-claim transfers are subject to fraudulent preference and conveyance legislation that can reverse them.

Exempt Assets Under Provincial Law

Every Canadian province provides statutory exemptions that protect certain categories of assets from creditor claims. These typically include a limited principal residence exemption, RRSP and RRIF assets contributed more than 12 months before bankruptcy, life insurance policies with designated beneficiaries, and certain pension assets. Understanding and maximizing these exemptions is the first layer of any asset protection strategy.

Trust Structures for Asset Protection

Assets held in a properly structured trust are generally not available to the creditors of the settlor, provided the trust was established at arm's length and without any retained interest by the settlor that would make it a sham or alter-ego trust. The specific requirements for a legally effective asset protection trust in Canada are exacting, and the structure must be established long before any claim is anticipated.

The time to protect an asset is before it is threatened. An asset protection structure established under duress of litigation is legally vulnerable. One established years before any claim arises is not.

Physical Vault Custody

For clients who hold physical assets — precious metals, documents of title, valuable personal property — St. Lawrence Gate coordinates private vault custody arrangements with Canadian-domiciled secure storage facilities. These arrangements are structured to ensure that the beneficial ownership of the custodied assets is clearly documented and that the custody arrangement does not compromise any legal protection structure.

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