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!