Brian Gillingham

Board: Legal Counsel

Brian Gillingham's Bio

Brian Gillingham is a Partner in our Wills and Estates Law Group, and his practice focuses exclusively on estates and trusts.
Brian is experienced in will and trust planning; incapacity planning; blended family planning; advising executors, beneficiaries and trustees in connection with the administration of estates; advising parties on contentious estates and estate litigation matters; and advising business owners on business succession planning.

Brian regularly advises high net worth individuals, professionals and private company owners on an array of complex estate planning issues to help clients achieve various goals, including tax minimization, creditor protection, support of disabled beneficiaries and family law planning. Brian’s previous experience as a business law lawyer acting on the sale of family businesses means that Brian is experienced in the complex issues relating to business succession planning, farm succession planning and ongoing wealth transfer.

In the context of his estate planning work, he uses many techniques to meet the particular needs and objectives of his clients and to minimize tax consequences. Approaches include multiple wills, testamentary and inter vivos trusts, life estates and rights of survivorship, marriage or co-habitation contracts, powers of attorney for property and for personal care, and charitable donations. Brian regularly liaises and works with tax and other financial professionals where such involvement is merited. He also routinely advises individuals with fiduciary duties (e.g. executors, trustees, guardians and attorneys) on the administration of estates, trusts and powers of attorney for property and for personal care, offering direction and assistance on the nature and scope of those duties. He also assists fiduciaries with the passing of their accounts.

Brian is a co-author of the book Drafting Wills in Canada: A Lawyer’s Practical Guide, 2nd Edition (LexisNexis, 2016) and regularly presents on estates and trusts topics in the community.

Brian was raised in the Kingston region and returned to the area to practice following his call to the bar.

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Land Acknowledgment

The Community Foundation for Kingston & Area is situated on Anishinaabe, Haudenosaunee and Huron-Wendat territory. We acknowledge the significance of this land and all that is within it for the Indigenous Peoples who lived and continue to live here and who are sustained by this land.

It is our understanding that this territory is part of the Dish with One Spoon Treaty between the Anishinaabe and Haudenosaunee to share and protect this land. In the spirit of peace, friendship and respect, all subsequent Indigenous Nations and newcomers were invited into this living treaty to care for this land and its resources.

We affirm our commitment to continuously listen, learn, and honour Indigenous histories and perspectives as we work towards building a more resilient and welcoming community. We affirm our commitment to be a space for reconciliation in action.