General

An estate freeze refers to an estate planning method used to minimize taxes. When an estate freeze occurs, the value (and tax liability) of the estate assets are “frozen” at a specific point in time, and all future growth is typically taxed in the hands of other family members, usually your spouse and next of […]

What is a Will? A Will is a legally binding declaration of a person’s wishes regarding the disposition of his or her estate after death. Typically, a Will includes clauses such as: identification of the person making the Will; revocation of all previous Wills; appointment of executors and guardians; payment of debts and taxes; specific

What is a Compliance Certificate?  Compliance certificates under s.116 of the Income Tax Act are now required to ensure that non-resident Canadian beneficiaries do not owe Canada any taxes. According to s.248(1)(i) of the Income Tax Act ““taxable Canadian property” of a taxpayer at any time in a taxation year [includes] a property of the

This checklist provides a general overview of executor’s duties designed to assist the estate trustee in dealing with the complexities of estate administration. √ Initial Work The executor’s first steps are to make funeral/burial arrangements, obtain the Funeral Director’s Proof of Death and the deceased’s identification, bank and credit cards, collect the Last Will, any

An estate trustee is entitled to fair and reasonable compensation for performing his or her duties. The compensation or fees due to an estate trustee is usually calculated on the basis of receipts which come into the trustee’s hands and then disbursed to creditors and beneficiaries. Usually the fee is not increased if there is

What are the consequences for NOT filing with the Minister of Finance? Estate representatives who fail to file the Information Return as required, or who make false or misleading statements on the return, are guilty of an offence and, on conviction, are liable to a fine of at least $1,000 and up to twice the

When a person dies the property he or she holds in their own name, whether real or personal, is called an estate. A Will is a legal document that names the person or persons appointed as estate trustee (formerly an executor/executrix) and sets out the scheme of distribution of the assets. It also provides the

Due to the pervasiveness of the internet and modern technology, most Canadians are leaving behind a “virtual estate” after death. A “virtual estate” is all the deceased’s digital assets left behind, including electronic possessions such as financial information, songs, tweets, photos and social media. A digital asset is a file or record that one has

What is a Care Home? A care home is rented accommodation that provides care services. Such services include nursing care, prescription drug supervision, an emergency response system, transportation, incontinence care and assistance with daily activities (e.g., eating, bathing, dressing, and personal hygiene). If you live in a care home, you have the same rights as

What is an Administration Bond? An administration bond is personal liability imposed on a prospective estate trustee to protect the interests of the beneficiaries and creditors if the assets are misappropriated. The bond is obtained from a surety (usually an insurance company) and given to the court. The amount of the administration bond that must