The Trust and the RDPRM – The Ultimate Armor for Real Estate Patrimony

In the Québec business sector, owning immovables in one’s own name or directly in an operating company is a major vulnerability. To better protect against creditors’ recourses (subject to applicable rules), the structure must evolve toward a combination of a management company and an asset protection trust.

At Twin Lisbet, we do not merely create structures; we make them opposable to third parties.

Transfer of Immovables to a Company Held by a Trust

Why is this arrangement the standard for large business families?

  • Risk isolation: By transferring your immovables to a share company (corporation) whose sole shareholder is a discretionary trust, you create a double barrier. If you are sued personally, or if your operating company faces litigation, the immovables remain protected because they technically belong neither to you nor to your active business.
  • Continuity of control: Thanks to the trust deed drafted by Twin Lisbet, you retain decision-making control as trustee, while no longer being the “official” owner in the eyes of creditors.

Publication in the RDPRM and Land Register: The Art of Opposability

A protection that is not published does not exist for others.

  • Opposability to third parties: For a transfer or charge to be valid against a creditor, it must be published. We manage publication in the Register of Personal and Movable Real Rights (RDPRM) for business assets and in the Land Register for immovables.
  • Twin Lisbet shield: An error in drafting your RDPRM registration can render your protection void. Our rigor ensures that your shielding is “public” and therefore unassailable by third parties attempting to seize your assets.

The Asset Protection Trust: Beyond Simple Taxation

While large firms sell the trust as a tool for “income splitting,” we sell it as a legal asset protection structure.

  • Inalienability and unseizability: We incorporate specific clauses that prevent beneficiaries from pledging trust assets, thereby protecting real estate patrimony against errors of judgment by future generations or financial setbacks.
  • Class Action Expertise: Because Twin Lisbet handles large-scale litigation, we know the main angles of attack used in trust challenges.

Why Choose Twin Lisbet for Your Patrimonial Engineering?

 At Twin Lisbet, your tax advisor works hand in hand with your litigator.

  1. 360° Vision: We anticipate the attack even before building the
  2. Surgical Execution: From the notarial transfer to RDPRM registration, each step is verified to guarantee total watertightness.