Estate Administration

Total 518 Posts

(Un)Certainty with Probate Taxes

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As someone who counsels executors and administrators I’ve always been comfortable advising that when applying to probate the will or obtain a certificate of appointment of estate trustee without a will they are required to swear an affidavit attesting to the values of the assets caught on their application and that the values used ought to be based on sound back-up assessments. Those values then form the basis upon which estate administration (probate) taxes are required to be paid to the Minister of Finance. Recently, however, some uncertainty has been thrown into the mix. ….

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Estate Administration, Estate Administration and Probate Applications, Probate Tax

Are you free to do what you want when you die?

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In previous blogs I’ve talked about why you should have a Will. Now it’s time to discuss what limitations are imposed on you when leaving your estate. In general, you are free to leave your assets to whomever you want. This is called “freedom of testamentary disposition”. However, for certain policy reasons, the law does impose some restraints on you. To avoid costly disputes after you are gone, it’s important that these legal limitations be addressed…..

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Estate Administration, Estate Planning

Charitable bequests and stock market turmoil

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Tumbling stock markets always stir up anxieties. This is certainly true for charities that depend on donations, as well as for the donors who give to them. One type of donation that is remarkably unaffected by market roil is the bequest.

Canada is seeing a steady, long-term increase in charitable bequests because of a combination of societal factors. These factors include the aging of society, greater concentration of wealth, smaller and non-traditional families, increased profile of philanthropy, and generous tax incentives for gifts of assets. Over the last 20 years, an environment has been created where more Canadians are feeling comfortable with devoting a significant portion of their net worth to charity. ….

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Estate Administration, Estate Planning, Philanthropy/Charitable Giving

Private company shares and life insurance

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It is not unusual to see a corporate beneficiary of a life insurance policy collect the insurance on the death of the insured shareholder. Depending on the circumstances, there are creative ways to use the insurance to benefit such persons as the deceased’s estate or other shareholders of the company.

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Business Succession Planning, Estate Administration, Estate Planning, Executors, Insurance, Liability, Small Business, Succession Planning, Tax Issues
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