Troy McEachren, TEP, is an experienced estate and trust lawyer. Capitalizing on his expertise in civil law, common law, and tax law, Troy focuses his practice on tax and estate planning, family business succession planning, wills and trusts, and corporate reorganizations.
Troy provides counsel to private clients, businesses, investment groups, trust companies, and philanthropists and also advises institutional and individual trustees and fiduciaries in the estates, trusts, tax planning, and charities areas. Troy is often involved in multijurisdictional legal and tax issues.
Troy is also consulted on contentious and non-contentious succession litigation matters both for private clients and corporate trustees. He has particular specialization in trustee fiduciary duties both in civil law and common law. Troy has authored a chapter dealing with fiduciary duties in Quebec, entitled “L’Administration du bien d’autrui,” for the civil law legal encyclopedia JurisClasseur Québec that was published by LexisNexis.
In addition, Troy represents charities and not-for-profit organizations on a wide range of issues including relations with tax authorities, corporate governance, planned giving, and commercialization activities.
Troy was elected President of the Wills, Successions, and Trusts section of the Canadian Bar Association—Québec Branch in 2010, for a two-year term. He is also a member of the Conference Planning Committee of the Association de planification fiscale et financière du Québec.
Troy is recognized as a leading practitioner in the area of Trusts and Estates in Best Lawyers in Canada.
Professional achievements & leadership
- The Best Lawyers in Canada – Trusts and Estates, 2013-2019
- Lexpert Zenith Award: Mid-Career Excellence in the Legal Profession, 2018
- Canadian Legal Lexpert Directory, Charity/Not-For-Profit Law, 2018; Estate & Personal Tax Planning, 2018
- “Forewarned is Forearmed: Questions You Should Ask Before Joining A Board of Directors’’, Social Impact Newsletter, article written with Natasha Smith, May 11, 2018
- “You Can’t Do What You Want! UK Court Finds that Members of a Charitable Corporation are Fiduciaries of the Charity’’, Social Impact Newsletter, August 31, 2017
- “Getting Rid of Troublesome Members: Read your Bylaws Carefully!’’, Social Impact Newsletter, article written with Éloïse Gagné, April 10, 2017
- “The Temple of the Jedi Order – Is it a religious charity? Depends on where you live’’, Social Impact Newsletter, February 2, 2017
- “Quebec Court of Appeal confirms that the Canada-U.S. Tax Convention not Applicable to Quebec Residents’’, Social Impact Newsletter, November 29, 2016
- “Disability Planning and Henson Style Trusts in Quebec’’, Wealth Matters, November 2016
- “Quebec 2016 Budget’’, Social Impact Newsletter, April 12, 2016
- Charities and Not-For-Profits Newsletter – April 2014 edition
- “Proposed Changes to the Taxation of Testamentary Trusts and Successions, Charitable Donations and the Registration of Trusts Under the Loi sur la publicité légale des entreprises’’, CQLR, c. P-44.1, Service de la formation permanente du Barreau du Québec, Développements récents en succession et fiducie, page 61, 2014
- Using Inter Vivos Trusts in Estate and Family Planning: Alter Ego and Joint Spousal and Common-Law Partner Trusts (with Lucinda E. Main), 2013 Ontario Tax Conference (Toronto: Canadian Tax Foundation, 2013) 9: 1-29.
- “Administration du bien d’autrui” in JurisClasseur Québec, coll. “Droit civil”, Biens et publicité des droits, fasc. 22, Montréal, LexisNexis Canada, feuilles mobiles
- “Administration du bien d’autrui” (Montréal : JurisClasseur Québec Collection Thema, 2013)
- “Case Comment: Modification of a Trust without Court Approval – in the Matter of an Arrangement Proposed by TFI Holdings Inc. et al.” (2007-2008), 67 Revue du Barreau 203
- End of Life : Control of Dying and Disposition of Remains and Genetic Material, Co-Presenter (with Dr. Anne Saris) : STEP Canada, National Conference, Toronto, June 18-19, 2015
- Conference on the recent developments in estates and trusts – 2014
- Développements récents en succession et fiducies, Proposed Changes to the Taxation of Testamentary Trusts and Successions, Charitable Donations and the Registration of Trusts Under the Loi sur la publicité légale des entreprises, CQLR, c. P-44.1 Montréal, November 28, 2014
- Using Inter Vivos Trusts in Estate and Family Planning: Alter Ego and Joint Spousal and Common-Law Partner Trusts, Co-Presenter (with Lucinda E. Main), 2013 Ontario Tax Conference, Toronto, October 29, 2013
- “Quebec 2016 Budget”, Charities and Not-for-Profit Newsletter, April 12, 2016
- “Recent Jurisprudence Regarding the Provincial Residency of Trust in Canada”, Wealth Matters, March 2016
- “Donations to U.S. Charities by Residents of Quebec: Court of Quebec rules that the Canada-U.S. Tax Convention not Applicable”, Charities and Not-for-Profit Newsletter, July 27, 2015
- “Lobbying in Quebec: more charities and NPOs may soon have to register their staff as lobbyists”, Charities and Not-for-Profit Newsletter, July 27, 2015
- “The Canada Not-for-Profit Corporations Act and Quebec Trust Law: A New Opportunity for Quebec Donors”, Wealth Matters, July 2015
- “CNCA Creates New Opportunity for Quebec Donors to Make Restricted Gifts”, Charities and Not-for-Profit Newsletter, June 15, 2015
- Canadian Bar Association
- Association de planification fiscale et financière
- Society of Trust and Estate Practitioners
- Young Bar of Montreal
- Canadian Tax Foundation
Bar admissions & education
- Québec Bar, 1999
- B.C.L, McGill University, 1997
- B.Sc., Acadia University, 1992
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2019
In the just released 2019 edition of The Best Lawyers in Canada, 144 Miller Thomson lawyers from across the country have been recognized for their expertise in 47 areas of law. This includes 6 lawyers who were awarded “Lawyer of the Year” in...
Sarah Hansen, Troy McEachren and Kristina Shaw named 2018 Zenith Award winners
Miller Thomson Partners Sarah Hansen, Troy McEachren and Kristina Shaw are recipients of the 2018 Lexpert Zenith Awards celebrating Mid-Career Excellence. The Zenith Awards recognize lawyers across the country who excel in their area of law and in social responsibility....
Miller Thomson recognized in 2018 Canadian Legal Lexpert Directory
In the recently released 2018 edition of the Canadian Legal Lexpert® Directory, 90 Miller Thomson lawyers across 35 areas of law have been recognized for their industry-leading advisory expertise. These rankings are the culmination of an extensive annual peer review process...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017
126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....
Miller Thomson’s participation at the STEP Canada Conference
Our National Private Client Services Group participated and were Gold Sponsors of the 17th annual STEP (Society of Trusts and Estates Practitioners) Canada Conference on June 18 and 19, at the Metro Toronto Convention Centre. The conference was a huge...
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Charity Advocacy and the Canada Revenue Agency. Where Are We Now?
Miller Thomson’s Social Impact Group invites you to its next breakfast seminar at our Montréal office. Topic discussed: The Canada Revenue Agency invited a group experts to make recommendations on changes that could be implemented to the rules that apply to activities...
Where’s Grandma’s Monet? Advising the Older Donor
Miller Thomson’s Social Impact Group invites you to its next breakfast seminar at our Montréal office. Come learn more and exchange on ethical and legal issues with vulnerable donors. Topic discussed: The decision of the Supreme Court of Canada in the...
Donation of an Investment Account: The Quebec Court of Appeal confirms there is no need for a notarial deed of gift!
An ailing parent in the final days of her life wants to give an investment account to her children. How should she do it? Does she need a notary or can she simply sign a piece of paper? While the...
Forewarned is Forearmed: Questions You Should Ask Before Joining A Board of Directors
Joining the board of a charity or a non-profit organization (“NPO”) can be an enriching and mutually rewarding experience. Whether orientation of new board members is approached informally or formally, both the organization and the new director should be sure...
You Can’t Do What You Want! UK Court Finds that Members of a Charitable Corporation are Fiduciaries of the Charity
Presently in Canada, there are over 85,000 registered charities, most of which are set up as not-for-profit corporations. All of these corporations have members who regularly meet to elect directors, approve fundamental changes, and receive financial statements. When making these...
Getting Rid of Troublesome Members: Read your Bylaws Carefully!
In many organizations with large membership bases, there are often one or two troublesome members who always seem to be the source of conflict for everyone else. Usually, these members are simply ignored. Sometimes, however, their behaviour reaches such a...
The Temple of the Jedi Order – Is it a religious charity? Depends on where you live
While many of us are familiar with the term “Jedi” from the much loved Star Wars films, we are less familiar with the nontheistic religious movement known as Jediism that the films have inspired. Over the past two years, an...
Quebec Court of Appeal confirms that the Canada-U.S. Tax Convention not Applicable to Quebec Residents
Disponible en français : La Cour d’appel du Québec confirme que la Convention fiscale entre le Canada et les États-Unis ne s’applique pas aux résidents du Québec In our July 2015 Newsletter, we wrote about a decision of the Court...
Disability Planning and Henson Style Trusts in Quebec
In many instances, a parent will not have sufficient assets to fully care for a disabled child for the remainder of his or her life. As a result, access to provincial benefits will be crucial for the disabled child. Provincial...
Quebec 2016 Budget
On March 17, 2016, Quebec released its provincial budget. The budget contained several measures designed to increase the benefit to Quebec resident donors from charitable donations and to facilitate the operations of resident donors in Quebec. Improving the Tax Treatment of...
Recent Jurisprudence Regarding the Provincial Residency of Trust in Canada
Abstract The jurisdiction in which a trust is resident is relevant for Canadian federal and provincial tax reasons because a trust pays income tax to whatever country and province that the trust is resident in. 2012 decision of the Supreme...
Troy McEachren quoted in Financial Post on tax deductions for donations to U.S. charities
Financial Post, "How to get a tax deduction for donations to U.S. charities"
The tax treaty between Canada and the U.S. provides some limited tax relief for gifts made by Canadians to U.S. charitable organizations, but the rules are slightly complicated.
CanLII acquires Lexum
Counsel to CanLII
Syntax Systems receives strategic investment by NOVACAP
Counsel to Syntax Systems Ltd. and its principals
Groupe Marcelle acquires Lise Watier Cosmétiques
Counsel to Groupe Marcelle Inc.