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On death, the automatic transfer of an asset to an individual rather than to the estate can result in tax inequalities as the estate would be liability for tax on an asset it does not own. This will not be an issue if the asset was owned by individuals who were married or living common-law, as defined in the Income Tax Act.

In recent years, probate planning has become a more recognized topic in estate planning discussions. This is due to the increases in probate fees in jurisdictions such as Ontario. In many provinces however, probate fees are essentially NIL. Even when considering provinces with ‘high probate fees’, the costs associated with probate planning may outweigh the fees incurred.

Filing tax returns for deceased in Canada In life, it is said that the only two certain things are death and taxes. While both may be inevitable, penalties due to incorrect tax filings and stress stemming from not understanding the steps you are to take when a loved passes away, are not. If you have been named a legal representative [executor (trix), administrator of the estate, trustee, etc.] of a loved one's estate, this guide is for you.

Estate planning is diverse and complex and probate fee planning is only one small aspect to consider.

If you're planning an inter-provincial move, you might be surprised by the impact this can have on your estate plan.