Author: Barbara J. Kimmitt KC

Estate Planning and asset management are often the main drivers in the use of trusts. Their creditor protection properties may be considered a bonus, if not altogether overlooked. This paper explores matrimonial creditors, and third-party and arm’s length creditors. Topics include spouses as creditors; trusts and division of family property; trusts and family maintenance and support; fixed vs. discretionary trusts; fraudulent conveyance legislation; and sham trusts.

These materials are part of a collection presented at LESA’s Drafting Trusts program in Edmonton on February 11, 2026.