Protect Your Wealth From Probate Tax Canada
It is no excuse to stumble through life without contemplating probate tax Canada and payments on your death. There are ways and means of protecting your wealth, perfectly legal and above board, and you’d be foolish to ignore these. Ensure all assets go to your beneficiaries and reduce gifts to the tax office!
Unlike countries such as the UK, where you pay inheritance tax on your estate upon death, this is not the case in Canada. However, individual states in Canada can charge what are known as probate taxes, dependent on the size of your estate. The level of probate tax Canada compares favourably to other countries, but there are still ways to further reduce your tax liability. This ensures that the maximum amount of your estate is passed over to your beneficiaries – where you wanted them to go.
Estate planning Canada
While writing your own will and managing your estate before death is possible, it can get complicated. Consequently, many people hire the services of an estate planning attorney, even just in an advisory role. They are well aware of the ever-changing tax environment in British Columbia and across Canada, and in many cases, their advice will literally pay for itself. So, when looking at estate planning Canada, what level of taxes might your estate face?
Probate tax British Columbia
Under The Probate Fee Act (Chapter 4), upon your death, your estate may be subject to probate fees on a sliding scale:-
- No probate tax for estates up to a value of $25,000
- Estates valued at between $25,000 and $50,000 will incur a probate tax charge of six dollars per $1000, or part thereof
- Estates valued at more than $50,000 will also incur a charge of $14 per $1000, or part thereof, on the balance over $50,000
For example, an estate valued at $25,000 would incur no probate tax in British Columbia. However, an estate valued at $50,000 would incur a probate tax of $150; an estate valued at $100,000 would pay a total of $850. With estates valued in the millions of dollars, the potential liability to probate tax Canada would be significant.
It is important to note that the probate tax rate in British Columbia may differ from Ontario, Québec and other Canadian states. Consequently, taking advice and/or carrying out in-depth research is crucial. Many people have landed their estates with significant tax bills simply because they have failed to plan.
Consult an estate planning attorney
When looking at estate planning Canada, it is vital to take professional advice if you may be faced with a potential probate tax charge. In some cases, where your estate is valued at up to $25,000, there is probably no estate planning required. However, many people have personal, business, and maybe overseas assets. This is where it can sometimes get a little challenging!
Ways to reduce probate tax Canada
Thankfully, there are numerous methods used in estate planning Canada to reduce your potential probate tax and ensure your beneficiaries receive as much of your estate as possible. While you may need to speak with an estate planning attorney for the finer details, some of the more common ways to reduce your probate tax liability include:-
Name beneficiaries on your life policies
Any assets not assigned to a beneficiary will automatically become part of your estate and potentially liable to probate tax Canada. Therefore, if we take a look at, for example, life insurance policies, there is usually a simple form to fill in to appoint a beneficiary. They would receive any life insurance proceeds upon your death. These funds are paid directly to beneficiaries, usually spouses or common-law partners, effectively bypassing your estate.
It may be sensible to name two beneficiaries, in order of preference, in the event that the first beneficiary cannot carry out your wishes for whatever reason. If there was no backup beneficiary, the proceeds from your life insurance policy would be classed as part of your estate on death.
Designate accounts for beneficiaries
Aside from life insurance policies, many people will have other assets such as a tax-free saving account, registered retirement savings plan and registered retirement income fund. As these are officially registered accounts, it is possible to designate beneficiaries upon your death. This is often referred to as “transfer on death” or “pay on death” instructions. As the proceeds are paid directly to the named beneficiaries, they will not become part of your estate, and therefore there would be no probate tax to pay.
Joint ownership of assets
Many married couples and common-law partners will have assets they own jointly, the most traditional being their home. In this situation, you can revert to what is known as the rights of survivorship. This means that the surviving joint owner will automatically take full possession of the assets upon the other party’s death. As this is similar to direct beneficiary payments above, it would also avoid probate taxes and not become part of the individual’s estate.
If there wasn’t a defined split of ownership in place, in theory, a share of the family home could be sold to raise cash for the deceased’s estate.
Make gifts while alive
Understandably, when looking at estate planning Canada and other areas of the world, many people are reluctant to give away too many gifts while alive. In theory, it makes more sense to distribute at least part of your assets while alive, thereby reducing any potential probate tax further down the line. You may need the help of an estate planning attorney, but there are specific limits concerning assets you can gift each year to family and third parties. Some people believe strongly in gifting assets each year, allowing beneficiaries to enjoy this wealth while still relatively young.
In theory, while various tax breaks are available, gifting and reviewing your estate should be an integral part of your annual financial review. Your financial adviser will be aware of the latest regulations and actions to consider, as well as looking at your broader financial situation. This is the time to discuss tweaks, changes and, in some cases, a complete overhaul of your financial planning.
Consider creating a trust fund
The whole concept of reducing your potential tax liabilities with estate planning Canada is to assign/attach a title to various elements of your wealth. Consequently, depending on the size of your estate and whether it is feasible, you may wish to speak with an estate planning attorney about creating a trust fund. In law, the trust is seen as a legal entity in its own right and owner of the assets in question. Consequently, upon your death, the trustees will follow your instructions regarding payments/transfers to beneficiaries. These will be made directly to beneficiaries and are not classed as part of your taxable estate.
While you may be able to minimise your probate tax Canada liability, there may be running costs for the trust. Consequently, again, it would be sensible to discuss this aspect with your estate planning attorney.
Inter-spousal transfers
Whether married or recognised as a legal partnership, assets left to your partner on death are not ordinarily subject to probate tax. While this may seem like a strange decision by the authorities, there is a method to the madness. This law will increase the living partner’s wealth, reducing their access to state financial assistance and storing up potentially enhanced probate tax liabilities.
Let us assume that married/common-law partners each have assets of $50,000 prior to the demise of the first party. Unless specifically instructed, the partner’s estate will transfer to the surviving individual. While they would pay no probate tax at this juncture, upon their demise, they would pay probate tax, in theory, on a $100,000 estate. A clever ruse by the authorities!
Is a handwritten will legal in British Columbia?
While we have seen the introduction of electronic wills, and the opportunity to store your instructions in the clouds, handwritten wills are still commonplace. These are still legal in British Columbia, although when registering with a notary, you will need two witnesses, at least 19 years of age. It is important to note that while your will mentions an executor and an alternative, these parties are not obliged to be the witnesses. Indeed, in some cases, especially where an executor may be a beneficiary, it can help avoid unwelcome attention.
Have you considered estate planning Canada?
Unfortunately, many people feel uncomfortable discussing their demise and how their assets will be shared among beneficiaries. While perfectly understandable to a certain degree, this attitude to tax laws could lead to potentially avoidable probate taxes and other charges. Many of us will use all tax breaks/allowances available while alive, so it makes sense to do so upon your death. The more financial “gifts” you give to the tax office, the fewer funds available for your beneficiaries!
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What is a Power of Attorney?
There is a lot of confusion on the need for Power of Attorney and equally important on the revocation of it. Generally, a need for establishing a Power of Attorney (PoA) is most necessary in case something were to happen to you. For example, if you have had an accident or illness that impacts your ability to make financial or healthcare decisions for yourself, you will need someone to make those decisions for you.
You should consider having a power of attorney, regardless of age or financial situation. You will always need that level of decision-making if you are not able to make it yourself, even if you don’t have a lot of assets.
A power of attorney is a legal document that gives someone you trust the right to make financial or health care decisions for you. This trusted person does not have to be a lawyer to be your attorney, it can be a family member, friend or a trusted professional of your choice.
Without an attorney for property, your family, including your spouse, cannot automatically step in to make financial decisions for you. They might have to go to court to become your court-appointed guardian. As a worst-case scenario, the government may have to make decisions for you, but only as a last resort.
There are two types of powers of attorney:
Personal care
An attorney for personal care can make decisions about your:
- health care
- housing
- other aspects of your personal life such as meals and clothing
If you do not have an attorney for personal care, your family can make some decisions, but not all.
Property
An attorney for property can make decisions about your financial affairs including:
- paying your bills
- collecting money owed to you
- maintaining or selling your house
- managing your investments
You should choose a person you trust to act as your attorney, such as a family member, spouse, or long-time friend. Some people choose a lawyer or trust company. Talk to the person or company before appointing them to make sure that they will take on this responsibility. Make sure they understand how you want your financial affairs or personal care handled.
You should never feel pressured to make someone your attorney. Speak to a lawyer about your options if you do not have anyone you are comfortable appointing.
You can make a power of attorney document yourself for free or have a lawyer do it. The Time Secured app provides a few editable templates that you can fill out and scan for safe keeping, including revocation of Power of Attorney if needed.
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Why Time Secured?
Imagine this, Shaun and Alice prepared a will that gives guardianship of their son Sam, to Alice’s brother Mike. Although they want to share the will with some of their other family members, they are worried that their guardianship wishes can cause some family friction or awkwardness, especially from the two sets of grandparents. They’re also worried that hard copies of the will might get lost or become outdated if other family members have different versions.
Then there is Kim, she wants to make sure her daughter Erin has her banking information but doesn’t want to give her that information just yet. She’s worried Erin might use it for a mini shopping spree! As a single mother, Kim constantly worries about how Erin can easily access her banking account if something were to suddenly happen to her if she goes into a coma or worse.
Jillian wants her online business email and social media accounts closed off if something serious were to happen to her, but she won’t give access to her sister Tonya just yet, especially since some of those accounts have confidential and financial information. She worries that her sister may not have her latest passwords because she changes them often for security reasons.
As the world becomes more digitized, sharing all sorts of documents online is becoming the norm. But there still isn’t an easy way to share important documents at a time of your choosing. Time Secured is the first app of its kind to fill that gap.
With the Time Secured app – you can easily create beneficiaries, assign them files and choose when they receive those files. You can share time-sensitive documents by setting the exact time and date they are sent. The Time Secured app makes time-based file sharing easy. It is available on both iOS and Android platforms and can be used for regular documents as well as larger multimedia files such as videos and audio files. You can try it for 1 month and see how it can work for you and it is easy to download on both iOS and Android platforms.
Right now, there are few options for storing important documents, and having them be accessible to others at a certain time. For example, after you write your last will, you can keep it with a lawyer or in a bank’s safety deposit box. But the fees are high, flexibility is limited, and if you decide to update the documents you may incur additional fees. Plus in the case of a deposit box, you will have to give access to someone else. Otherwise, a court order is required to access the box after you pass.
Other digital services allow you to store your files but do not solve the problem of providing access to the files at a time of your choosing. For example, Google Drive and Dropbox require a long and tedious process to get access to the files of a deceased person. Time Secured does this with little effort.
With Time secured there is one less worry by saving you the stress of wondering whether your loved ones will have the most up-to-date documents if you are not around. It will also save you from sharing sensitive information when you are not ready to do so. It is easy to set up, user-friendly, and fully customizable. You decide what is accessible, who gets access, and when.
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Sending your older kids milestone notes
Sending your kids day-to-day notes, like love notes or lunch box notes while they are young is always a special treat and definitely instills a sense of happiness and belonging at an early age. A bond through note writing is a strong one. However, often many forget the practice when their children get older. Writing milestone notes is even more necessary when your children start to face complicated events in their lives, and recognition or acknowledgment that you may have experienced the same will do wonders for their resilience. It is also a great way for them to know more about you and to see you as a 3-dimensional person rather than a specific lens of parent and child.
Whether you write them now and send them through the Time Secured Time Trigger vault option for later, or write them, as they get older, it does not matter. So long as the notes are written and shared for your growing children to treasure.
Here are only a few notes that you should consider writing to your older children, but there are plenty of other additional reasons to send them heartfelt thoughts through notes.
“Just Because” Note
As our children grow up, you may feel communication with your older children is becoming routine, regimented, and one-sided. So write a note praising your kids praising them or showing how proud you are of them for the littlest things they have done. You can add encouragement, and sometimes these notes can make all the difference in the world for their day or more.
College and Career Note
A note that acknowledges the most important things to instill in them as they were growing up. Before they leave the nest, with a list of traits or characteristics that you want them to take away with them as they face the next chapter of their lives. Here is where life advice can be wisdom well imparted. They can also keep those notes for their kids or loved ones in the future as a reflection of your relationship with them.
“Remember When” Note
However old the children are, they will always get a nice laugh or tear from specific memories that have touched you and them or taught them a valuable life lesson – whether they know it at the time or not. Reflection on the past also reinforces your shared bond and brings up stories and positive feelings that may have been forgotten over time.
“What You Should Know About Me” Note
You will be hard-pressed to meet someone who did not wonder what their parents felt or thought about particular things or events in life. Even if they don’t admit it. These notes are about you, but it gives your children anywhere from closure for traumatic events, to deep feelings you could not openly share with them. Notes make this easier by taking out the walls and preconceptions. These are valuable messages to your kids to not only teach them about the person you are, but inevitably also about the person they are as well or want to be. Anecdotes and analogies on what certain things mean to you make it all the more accessible and give them a new understanding of you. Whether they are shared while you are around as your kids are older and able to understand your perspective or later on in life when you are no longer around (both of which can be done through the Time Secured App easily); these notes are invaluable.
Any of these note types can be shared through scans or emails with multimedia add-ons easily using the Time Secured App. More importantly, the substance and content they entail will be appreciated by your growing children or any loved one for that matter – guaranteed!