When a spouse is a beneficiary of a discretionary trust, they do not have legal ownership of the underlying trust property, which can often include the shares of a corporation. If the spouse has no control or influence over how and when trust assets and/or income are distributed, how does one go about valuing their beneficial interests for matrimonial purposes? What standard(s) of value should be considered? Although “fair market value” would likely suggest that no value accrues to the beneficial interest, why then do settlements in many of these cases wind up being in the millions of dollars? This presentation, which includes two prominent and experienced lawyers in the areas of family and estate law, will discuss what factors ultimately lead to these cases settling outside of trial and what valuators can (and cannot) do to assist legal counsel in these types of engagements.

Moderator – Kiu Ghanavizchian, Partner – Blair Mackay Mynett Valuations Inc.
Karon Bales, Founding Partner – Bales Beall LLP
Ed Esposto, Partner – Aird Berlis LLP

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