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Tag: wills

  • Taxes halved their inheritance. Could anything be done? – MoneySense

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    It is a story about two young adults outraged by the amount of wealth lost to taxes—$659,000—when their parents, in their early 60s, both passed away within a year of each other. 

    I can sympathize with the children, thinking they were going to get this much money only to find they were getting substantially less. Without understanding why, I’m sure it was confusing and hurtful. Let’s walk through why the tax was so high and what if anything could have been done.

    Their father died, after their mother, in December, so he had a full year of income, which I’m assuming was $175,000. There was an RRSP worth $715,000, and I will assume capital gains on the cottage of $850,000. This combination resulted in taxes of about $659,000.  

    Hard to fix after the fact

    What could they have done to lower the amount of tax? In this case, when death is sudden, there is not much you can do. The father’s salary is taxable and there is no getting around that.  

    The same goes for the RRSPs; there is no getting around the tax. The children were named as beneficiaries of the RRSPs, which saved probate fees, but you can’t transfer an RRSP to an adult child like you can a spouse. The funds are withdrawn and the full value goes to the children, but the estate must pay the tax on the value of the RRSP. Regardless, the children end up paying the tax. 

    It is possible to reduce the amount of capital gains paid by designating either the house or cottage as the primary residence and naming the property that has appreciated the least as the secondary property. If there is a bright side to capital gains tax, it is that 50% of your gain is tax-free, so on a $850,000 gain you only pay tax on $425,000.

    When you add it all up—salary $175,000, plus $715,000, plus $425,000 taxable capital gain—that is taxable income of $1,315,000 and tax of $659,000 or 50% of the total income.

    This is why it looks like the government took all their parents’ money. The children inherited the house and cottage and the only cash money they had to pay the taxes was the money from the RRSP. Out of $715,000, they were only left with about $56,000 between the two of them to cover the funeral, accounting, and legal fees, and to maintain the properties until one or both could be sold. 

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    The takeaway: plan for many outcomes

    I’m sure when their parents did their planning, if they did, they assumed they might live to age 90, drawing down on their RRSP/RRIF over time to minimize the tax. They may have sold their principal residence and moved to the cottage, designating it as the principal residence. This would have deferred—and, with inflation, shrunk—the capital gain. They may never have considered what the situation would look like if the unexpected happened.

    If they had, they may have considered purchasing life insurance. Life insurance is for “just in case” the unexpected happens. They could have purchased some term insurance with an option to convert to permanent insurance if taxes continued to be an estate issue. The insurance doesn’t minimize the tax, but it provides the children with tax-free money right away—money that gives them time to pause and think rather than feel under pressure to sell properties at a time that may not be opportune.

    This story serves as a good reminder that when doing your planning, consider what the picture may look like if the unexpected happens and then decide if you want to do anything about it. In this case the parents may have been aware, and understood the tax implications, if they both passed away early. Maybe they felt the children would just sell one or both properties and everything would be good. For the adult children this was unfamiliar territory with a big learning curve.  

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    About Allan Norman, MSc, CFP, CIM


    About Allan Norman, MSc, CFP, CIM

    With over 30 years as a financial planner, Allan is an associate portfolio manager at Aligned Capital Partners Inc., where he helps Canadians maintain their lifestyles, without fear of running out of money.

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    Allan Norman, MSc, CFP, CIM

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  • Don’t squander your legacy – MoneySense

    Don’t squander your legacy – MoneySense

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    The essential guide to inheritance planning

    Neglecting to plan your inheritance is a bit like leaving your garden unattended for a few seasons. What starts as a minor oversight can quickly turn into a jungle of complications. Shockingly, two-thirds of Canadians haven’t put their estate plans in writing, according to a 2024 survey by IG Wealth Management, despite an expected $1 trillion in assets set to be transferred via inheritances in the next decade.

    When a significant sum of money lands in the lap of someone who didn’t earn it during their lifetime, it can lead to a host of challenges. Financial mismanagement, family discord and even legal battles can arise. Inheritors might feel overwhelmed, unsure of how to handle their sudden wealth, which leads to anxiety and poor financial decisions. As the saying goes, “Easy come, easy go.”

    The pitfalls of inadequate inheritance planning

    Without proper planning, wealth transfer can lead to several challenges for your heirs:

    1. Risk of fraud and exploitation: Inexperienced heirs can become targets for financial scams and exploitation.​​ Falling victim to such schemes can lead to significant financial losses, jeopardizing the inheritance intended to support their future.
    2. Family disputes: Ambiguous inheritance plans can cause significant conflicts among family members. Clear, well-documented plans are crucial in preventing misunderstandings and ensuring that wealth is distributed according to the benefactor’s wishes. 
    3. Tax Implications: Unplanned wealth transfers can incur substantial tax burdens, reducing the overall inheritance value. Strategic planning can help mitigate these taxes, preserving more wealth for the beneficiaries. Proper estate planning can save heirs from unexpected tax liabilities and ensure a smoother transfer process​.

    Key considerations for transferring wealth 

    To avoid these pitfalls and ensure a smooth wealth transfer, parents and grandparents should consider the following strategies:

    1. Clear communication: Talk openly with your children and grandchildren about your plans. Surprise inheritances can feel like a windfall, but they can also bring confusion and stress. A candid conversation ahead of time can prepare them mentally and emotionally for the responsibilities that come with managing wealth.
    2. Structured distribution: Rather than a lump-sum transfer, consider staggered distributions or trust funds. This method can help reduce the risk of financial mismanagement. Setting up a trust can ensure your heirs receive funds in a controlled manner, reducing the temptation to splurge.
    3. Education and financial literacy: Equip your heirs with the knowledge they need to manage their inheritance wisely. Financial literacy programs or meetings with a financial advisor can be invaluable. Well-informed individuals are more likely to make prudent financial decisions.​

    Supporting the next generation 

    When wealth is transferred, so too is the responsibility of managing it. Providing support for your heirs can make all the difference. Here are a few ideas to help:

    • Comprehensive guidance: Schedule regular meetings with a financial advisor to review the inheritance’s management and address any concerns or questions. This helps ensure that heirs stay on track with their financial goals​.
    • Recognize inheritance grief: “Inheritance grief” refers to the emotional and psychological challenges that heirs may experience when they receive a significant inheritance. It can manifest in various ways, including mourning the loss of the loved one and the changes that come with inheriting wealth. Emotional support, financial education and careful estate planning can help heirs navigate their feelings and responsibilities effectively.​​
    • Communicate the family financial plan: I know that I mentioned communication already, but I cannot overemphasize the importance of this! Develop a family financial strategy that includes goals for wealth management, charitable giving and future investments. This plan can serve as a road map for heirs to follow, promoting responsible financial behaviour and long-term planning.​ 

    Don’t leave it too late

    Inheritance planning might not be the most exciting topic, but it’s essential to ensure your legacy is preserved and appreciated by future generations. By addressing the challenges head-on and providing the necessary support while you are still capable of doing so, you can help your heirs navigate their inheritance with confidence and wisdom.

    Next time you’re tempted to delay those estate planning talks, remember this: a little planning now can prevent a whole lot of heartache later. And who knows? It might just be the most rewarding conversation you’ll ever have.

    More financial planning advice:




    About Debbie Stanley, TEP, MTI

    Debbie Stanley is an estate and trust professional, and CEO of the estate firm ETP Canada. She is a writer, speaker and regularly featured guest on Zoomer Radio.

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    Debbie Stanley, TEP, MTI

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  • Adding names to a cottage deed could result in big tax bills

    Adding names to a cottage deed could result in big tax bills

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    You mention that the cottage deed is in your name only right now. That suggests that it was either in your name all along or that the cottage was owned jointly with your husband with right of survivorship. I suspect it was held jointly with right of survivorship, meaning that it was transferred directly to you on your husband’s death. That means that it passed outside of his will regardless of his wishes contained therein.

    Ask a Planner: Leave your question for Jason Heath »

    Are there capital gains on inheriting a cottage?

    Sometimes the ownership structure of an asset trumps a will, and this may be a case of that, Jill. When an asset passes to a surviving spouse on death, by default, it is transferred at its adjusted cost base for tax purposes, meaning no capital gains tax is payable at that time. The executor can elect to have some or all of the capital gain taxed on the final tax return of the deceased, if it’s advantageous to do so, but let’s assume this didn’t happen. This means that all the accumulated capital gains have been passed along to you and this is important as it relates to the next steps you take with the cottage.

    Do you have to share an inherited cottage?

    You may not have a legal obligation to include your three stepchildren in the ownership of the cottage, Jill, since the cottage passed outside the will due to joint ownership. If you are in doubt, you should seek legal advice. It sounds like there is at the very least a moral obligation to include your stepchildren in the ownership, but it will result in a gift to your husband’s children—and therefore has tax implications.

    Beneficiary of taxes

    Because the accumulated capital gains have all been passed along to you, if you gift three-quarters of the cottage to them, you will personally have a capital gains tax liability in the year of transfer. Some people think they can skirt the capital gains tax by making the gift for $1 or for a value equal to the cost, but that’s not the case in Canada. The transfer in ownership needs to happen at the fair market value, meaning the appraisal you suggested may be relevant, Jill. An appraisal is not mandatory when determining the fair market value for a transfer but may be advisable.

    Assuming you have sufficient resources to pay the capital gains tax, you may not be worried. But the capital gains tax bill could be a big one if you’ve owned the cottage for a long time.

    Keep in mind there are options. You could treat the cottage as your principal residence, with the transfer to your stepchildren, therefore being tax-free. But this would expose your house in the city to capital gains tax on the sale of it or upon your own death.

    You need to weigh the pros and cons of paying tax today versus deferring it to determine, if this is advantageous to use the principal residence exemption for the cottage. You may also be limited in doing so if you had a previous principal residence that you sold during the time you have owned the cottage and you treated it as your principal residence, with no capital gains tax payable. This would negate the years you owned the cottage and claimed another principal residence exemption.

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    Jason Heath, CFP

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  • Cross-border estate planning: What should Canadian parents with U.S. beneficiaries do? – MoneySense

    Cross-border estate planning: What should Canadian parents with U.S. beneficiaries do? – MoneySense

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    The basics: U.S. estate tax for non-residents

    The U.S. imposes estate taxes on the worldwide estates of its citizens and residents. However, as a Canadian with no U.S. assets, you might initially assume that U.S. estate taxes do not apply to you. The catch here is that since your daughter is a U.S. permanent resident, her inheritance from your estate may generally not be taxable in the United States; however, there may be other tax and filing considerations to keep in mind. Let’s explore them together, Gail.

    U.S. estate tax thresholds and exemptions

    Currently, the U.S. federal estate tax exemption is quite high, sitting at $13.61 million per individual as of 2024. (All figures are in U.S. dollars.) This means that estates valued below this threshold are not subject to federal estate taxes. Assuming that your estate’s value is under $13.61 million, no federal estate tax would be due. For instance, if your Canadian estate is valued at $3 million, it is well below the $13.61-million U.S. federal estate tax exemption. Therefore, your daughter would not be liable for U.S. federal estate taxes on her inheritance.

    State estate taxes

    While the federal estate tax exemption is high, it’s important to consider that some U.S. states impose their own estate or inheritance taxes with lower exemption thresholds. The impact of these state taxes depends on where your daughter resides. As of 2024, the states of Washington, Oregon, Minnesota, Illinois, Maryland, Vermont, Connecticut, New York, Rhode Island, Massachusetts, Maine, Hawaii and the District of Columbia impose estate taxes. This means residents of these states might face both federal and state estate taxes, depending on the total value of the assets.

    Estate tax thresholds in these states range from $1 million in Oregon to $13.61 million in Connecticut, and tax rates vary. I would recommend that your daughter check her state’s website for specific details on potential estate taxes, Gail.

    Financial management and currency exchange

    Managing a cross-border inheritance often means dealing with multiple currencies. When preparing your estate plan, Gail, you will want to keep in mind some key points that your future executor will come across when distributing your estate to your daughter:

    • Currency exchange rates: Fluctuations in exchange rates can affect the value of the inheritance when converting from Canadian to U.S. dollars. For instance, if the Canadian dollar weakens against the U.S. dollar between the time of inheritance and the time of transfer, the value of the inheritance in U.S. dollars could decrease.
    • Banking and investments: Transferring funds and managing investments across borders may incur extra fees and require dealing with different financial institutions. For example, transferring funds from a Canadian brokerage account to a U.S. account might involve transaction fees, wire fees and foreign exchange fees.

    Cross-border legal challenges

    Handling a will with cross-border implications requires careful legal navigation. Key issues include:

    • Recognition of wills: Canadian wills are generally recognized in the U.S., but differences in probate laws can complicate the process. Legal advice in both countries is often necessary. For instance, if a beneficiary wants to sell an inherited Canadian property, they may need to follow both Canadian and U.S. legal procedures.
    • Asset transfer: Transferring assets like real estate or investments across borders may involve additional legal and regulatory steps. For example, transferring a Canadian investment account to a U.S. beneficiary might require navigating both Canadian banking regulations and U.S. tax reporting requirements.

    Practical steps for cross-border estate planning

    To ensure a smooth transfer of your estate to your U.S. resident daughter, Gail, consider the following practical steps:

    1. Consult with experts: Engage with a cross-border estate planning specialist who understands both Canadian and U.S. tax laws. These professionals have the expertise needed to navigate the complex rules and regulations involved in cross-border inheritances. They can help ensure that your estate plan minimizes taxes, avoids legal pitfalls, and complies with the laws in both countries, making the transfer of your assets as smooth as possible.
    2. Update your will: Make sure your will is current and clearly outlines your wishes. Specify exactly how you want your assets to be distributed, and think about any cross-border issues that might come up. This will help ensure that everything goes according to your plans when the time comes.
    3. Consider trusts: Establishing a trust can be a smart way to manage and transfer your assets. A trust is a legal arrangement where a trustee holds and manages your assets for the benefit of your chosen beneficiaries. By setting up a trust, you can ensure that your estate is managed efficiently, tax-effectively and according to your precise wishes. Consulting with a cross-border estate planning specialist can help you determine the best trust structure for your situation.
    4. Stay informed: Tax laws and regulations can change frequently, impacting how your estate is taxed and managed. To maintain the effectiveness of your estate plan, schedule regular reviews with a cross-border estate planning specialist. This proactive approach ensures that your plan remains up-to-date, legally compliant and optimized for tax efficiency, ultimately protecting your legacy and providing peace of mind.

    How to ensure a smooth transfer of your estate

    As you can see, Gail, cross-border estate planning for Canadian parents with U.S. resident children involves navigating complex tax regulations and potential pitfalls. While your estate may be valued under the federal threshold and might not face U.S. federal estate taxes, there are state taxes and other considerations that could impact its final value. By consulting with experts, updating your will, considering trusts and staying informed, you can ensure a smooth and tax-efficient transfer of your estate to your daughter.

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    Debbie Stanley, TEP, MTI

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  • You have to sell a cemetery plot—will you owe capital gains tax? – MoneySense

    You have to sell a cemetery plot—will you owe capital gains tax? – MoneySense

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    Many non-financial assets depreciate in value. Cars, furniture and other such assets tend to be worth less over time, and they are generally not subject to capital gains tax. However, there may be exceptions, such as collector cars, jewellery, artwork or antiques. You may have to report a capital gain on the sale of personal-use property that has increased in value.

    To calculate the capital gain—or loss, as the case may be—there are three rules:

    1. If the adjusted cost base (ACB) is less than $1,000, the ACB is considered to be $1,000.
    2. If the sale proceeds are less than $1,000, the proceeds are considered to be $1,000.
    3. If both are less than $1,000, there is nothing to report.

    Capital gains on personal-use property

    As a result of these three rules, personal-use assets are usually a non-issue for taxes. In rare instances where a taxpayer profits, the numbers need to be into the thousands to matter.

    Interestingly, when someone buys a burial plot, they actually buy the right to bury, or inter, someone in the plot. That is, the buyer becomes an “interment rights holder,” but they do not own the land itself. Despite this, the empty cemetery plot has value for someone else who will inherit it or buy it.

    When the deceased passed away, they were deemed to sell all of their assets, Brian. This includes the cemetery plot. So, capital gains tax would be payable on their death for any appreciation in value.

    If you, as executor, sell the plot shortly thereafter, the value will likely be similar. If there’s a profit between the time of their death and the sale of the plot, this could give rise to a capital gain for the estate.

    Selling a cemetery plot as part of an estate

    It bears mentioning, Brian, the cemetery plot may have some restrictions related to its sale. Keep in mind the land is not owned. The owner holds the right to be buried there. And the cemetery may or may not permit the private sale of interment rights.

    Since the plot has a value, it may also be subject to probate or estate administration tax, just like any other asset passing through the estate of the deceased. You should speak to the cemetery, Brian, about the rules around selling the rights to the plot. And consider the tax and probate implications of the individual’s death and the subsequent sale of their vacant cemetery plot.

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    Jason Heath, CFP

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  • How executors get paid in Canada – MoneySense

    How executors get paid in Canada – MoneySense

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    What is an executor?

    An executor is a person named in your will who will be responsible, after you die, for making sure that your assets are distributed according to your wishes and that your estate is settled properly. This includes a wide range of activities, from filing a final tax return and cancelling your credit cards to giving away your jewellery or collectibles, and selling your home and investments.

    Read the full definition of executor in the MoneySense Glossary.

    How much are executors paid?

    Executor compensation in Canada is not standardized, and the regulations governing it are determined by each province. As a result, there can be considerable differences in the amount and rules for compensation from one province to another. Here is an overview of some key variations: 

    • Ontario employs a system where the executor’s compensation is determined as a percentage of the estate’s total value. The percentage is outlined as 2.5% on capital receipts, 2.5% on capital disbursements, 2.5% on revenue receipts and 2.5% on revenue disbursements. In the end, it works out to be essentially 5% of the estate’s total value.
    • Alberta follows a tiered percentage structure. Executors are entitled to between 3% and 5% on the first $250,000 of the estate’s value; and 2% to 4% on the next $250,000; and then between 0.5% and 3% on the balance.
    • In contrast, Quebec has executor compensation billed by the hour which is typically set at $45 to $65 per hour of work completed during the estate’s administration process.

    The pros and cons of allowing for executor compensation

    As with everything in life, there are good and bad to certain decisions. When contemplating whether or not to take executor compensation, consider the following benefits and pitfalls:

    Pros

    • Incentive to Act: Executor compensation can serve as an incentive for individuals to take on the role of an executor. Settling an estate is a time-consuming and often emotionally challenging task, and compensation can make it more attractive.
    • Financial Recognition: Serving as an executor often entails expenses and a time commitment. Compensation helps recognize and alleviate some of the financial burdens involved, especially if time off work is required of the individual.
    • Fairness: Compensation ensures that executors are fairly rewarded for their efforts, irrespective of the estate’s value. This encourages people to take on the role, regardless of the estate’s size.

    Cons

    • Conflict of interest: Executor compensation can create conflicts of interest. The executor may be motivated to prioritize their own financial gain over the beneficiaries’ interests. This can lead to disputes and litigation.
    • Complexity: The varying rules and regulations across provinces can make executor compensation complex to navigate. Executors may require legal or financial advice to ensure they are adhering to the correct guidelines and calculations.
    • Emotional toll: The focus on compensation may overshadow the emotional toll and responsibilities that come with the role of an executor. It may lead individuals to take on the role primarily for financial gain, rather than out of a sense of duty.

    Does an executor pay tax on the income they earn?

    In Canada, executor’s compensation is generally considered taxable income. This means that the amount received as compensation is subject to income tax. Executors are required to report this income on their personal tax return for the year in which they receive the compensation.

    The income tax rate applied to executor compensation depends on the province or territory in which the executor resides. Different provinces have different tax rates, which can significantly impact the final amount an executor retains after taxes. Additionally, executors who receive compensation must ensure they receive a T4A slip from the estate, indicating the total compensation they’ve received. Think of the estate becoming the employer of the executor, and the payment made to the executor is like a salary for the work they have done.

    Requirements and compliance for executors

    Executors must maintain accurate records of all financial transactions related to the estate, including the compensation they receive. These records should be kept for a specific period, as beneficiaries and even tax authorities may request them for verification. Estate accounting statements are the financial story of the estate’s administration and the most powerful tool in the executor’s arsenal when making a claim for compensation. While there’s not a mandatory requirement to formally pass accounts through the court, it is still a legal duty of the executor to maintain and record the financial transactions of the estate and provide them to the beneficiaries of the estate.

    What do professional executors do?

    When we consider that most executors do not have previous experience in administering an estate, the pains and troubles could be quite severe for someone in the role for the first time. In a poll conducted by Bank of Montreal in 2011, executors reported difficulties with the following categories:

    1. Administrative issues/complications (47%)
    2. Emotional issues/complications (31%)
    3. Legal issues/complications (26%)

    It’s reasonable to think that these categories and issues have not changed much over the course of the last 13 years, bringing the importance of working with professionals even more to the forefront. Whether it’s deciphering the varying provincial rules, navigating the complexities of taxation or ensuring compliance with legal requirements, professional guidance can provide clarity and peace of mind.

    Executors who seek the assistance of legal, financial or tax professionals can make informed decisions, reduce the risk of errors and ensure that they fulfill their duties with precision and integrity. By doing so, they not only protect their interests but also safeguard the interests of the estate beneficiaries, ultimately upholding the deceased’s wishes with diligence and transparency.

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    Debbie Stanley, TEP, MTI

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  • Dating dilemma: When to talk about finances – MoneySense

    Dating dilemma: When to talk about finances – MoneySense

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    There’s often a stigma around discussing money, but I’ve found it really helpful to have these conversations early and often. My husband and I have monthly budget review chats, and we’re constantly discussing our financial goals and how we can achieve them. Money has never been a taboo topic for us, and we discussed our debt loads, salaries, savings and attitudes towards money shortly after we started dating. It’s a trend that’s continued into our marriage, although now the topics of conversation are things like life insurance, registered education savings plans (RESPs) for our kids, wills and estate planning, and retirement, instead of whether we can afford that weekend trip to NYC.

    I love that money is an easy topic of conversation for us. I didn’t choose my life partner based on his financial footing, but in an increasingly challenging economic climate, financial health may be as important as looks, personality and intelligence when it comes to what people look for in a love interest. (See, for example, the short-lived new dating app exclusively for singles with good to excellent credit.) There’s a hitch, though: many Canadians find it incredibly hard to talk about money with a romantic partner.

    The most difficult topics for Canadian couples

    My husband and I are the co-founders of Willful, an online will platform. We were curious to know how comfortable Canadians are with discussing taboo topics, so, together with the Canada Will Registry, we commissioned an Angus Reid study to find out. It revealed that other than trauma, money is the hardest thing to talk about with a partner for the first time, followed closely by sex and death. This has led to Canadians delaying the discussion. The study, which polled over 1,500 Canadians, found that of the 77% who are in relationships, one-third (33%) didn’t start discussing finances with their partner until after a year of dating. Another 7% said they’ve never discussed their finances with a partner at all, and one-third have never talked about end-of-life planning.

    Avoiding money talk? You’re likely missing key financial details

    Over a third of survey respondents (39%) said they felt or will feel nervous discussing finances with their significant other for the first time. In addition, many respondents said they wouldn’t know how to access key documents and information in the event of an emergency. Over half of those in relationships say they don’t have a will, and even fewer know where their partner’s will is stored.

    This wasn’t surprising to us at Willful—we hear stories daily about people dealing with a loved one’s estate and trying to find key information like passwords to accounts, legal documents like wills, life insurance documents and other key info. In fact, that’s what inspired my husband and I to start Willful. His uncle passed away without having his end-of-life plans organized, and he was the sole breadwinner in the family. We saw first-hand how difficult it is to honour someone’s legacy while trying to find information and end-of-life wishes. That’s why we’re passionate about ensuring that Canadians are now having the important but tough conversations that will save their loved ones burden and conflict down the road.

    4 money moves to make as a couple

    So how do you get more comfortable talking about money with your partner? MoneySense’s articles about money and relationships (see links below) share these strategies:

    • Discussing finances early and often
    • Being upfront about key information like debt load, credit scores and savings
    • Setting a “money date” so you can get into a money mindset at a set date and time
    • Considering combining your finances through joint accounts and other tactics in order to have a shared financial picture and shared goals

    Whether you’re in a new relationship or already married, discussing money with your partner can set the stage for your shared financial success—and help you avoid conflicts over money—in the future.

    Read more about money and relationships:

    This article was created by a MoneySense content partner.

    This is not advertising nor an advertorial. This is an unpaid article that contains useful and relevant information. It was written by a content partner based on its expertise and edited by MoneySense.



    About Erin Bury


    About Erin Bury

    Erin is the CEO at Willful, a company that makes it easy to create a will online in less than 20 minutes. Willful has helped Canadians create over 300,000 documents since 2017.

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    Erin Bury

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  • Three reasons why a will and estate plan mean true love – MoneySense

    Three reasons why a will and estate plan mean true love – MoneySense

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    1.  The gift of security

    Love also means security. Yet, surprisingly, half of Canadians don’t have a will, according to a 2023 Angus Reid poll. Having a one is gifting family a safety net—a well-defined plan can guide loved ones through the financial complexities that often accompany the loss of a family member.

    In the event of your passing, a detailed will eliminates the guesswork, ensuring your family is taken care of, and it minimizes potential conflicts over your assets. With solid plans in place, your family isn’t left grappling with uncertainty about how to navigate the intricacies of your estate.

    You will need to designate beneficiaries on your registered accounts and specify how your other assets should be distributed. This thoughtful act underscores your commitment to their well-being.

    2.  Preserving your legacy

    Your estate plan is more than just a distribution of assets; it’s a reflection of your life’s work and your values. When you articulate your wishes, you give your family a tangible way to remember and honour you. Whether it’s passing down a cherished family heirloom, endowing a scholarship in your name or donating to a cause close to your heart, your estate plan becomes a testament to the values that define you.

    Your estate plan becomes a living tribute, ensuring that the essence of who you are is preserved and celebrated for generations to come.

    Get personalized quotes from Canada’s top life insurance providers.All for free with ratehub.ca. Let’s get started.*This will open a new tab. Just close the tab to return to MoneySense.

    3.  Easing the burden during difficult times

    Death is an inevitable part of life, and when it happens, the grief can be overwhelming. From funeral arrangements to property distribution, a will provides clear directives for your assets and plans, sparing your family from the emotional strain of navigating complex legal matters while mourning your passing. They won’t question if their (or other family members’) actions are what you want—because what you want is written out.

    By writing up these details in advance, you are giving your family the precious gift of space to grieve without the added stress of managing the intricacies of an estate. As an estate administrator, I’ve seen first-hand the big difference this can make for families.

    A love note for the future

    While a will and estate plan may not be wrapped with ribbons and bows, their impact is immeasurable. This Valentine’s Day, I urge you to consider the significance of a will, which is a gesture that secures your families’ best interests. It’s an investment in the future, a declaration of love that speaks volumes about your commitment to the well-being and prosperity of those you hold dear. I’m not saying to replace your planned V-Day gift with a will, but definitely add it to your shopping list.

    Read more about estate planning:




    About Debbie Stanley

    Debbie Stanley is an estate and trust professional, and CEO of the estate firm ETP Canada. She is a writer, speaker and regularly featured guest on Zoomer Radio.

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    Debbie Stanley

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  • How to avoid or reduce probate fees in Ontario – MoneySense

    How to avoid or reduce probate fees in Ontario – MoneySense

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    What is Estate Administration Tax in Ontario?

    Estate Administration Tax, commonly known as probate fees, is a mandatory tax imposed by the Ontario provincial government. It is placed on the estate of a deceased individual and is calculated based on the fair market value of the deceased’s estate, including all assets, property and investments on the date of death. It’s important to note that Estate Administration Tax is only triggered and payable when the estate goes through the probate process, which is a legal procedure that happens in two circumstances.

    Firstly, it verifies and validates the last will and testament of a deceased individual in Ontario, ensuring authenticity of the will, and appointing an executor to manage the distribution of assets.

    Secondly, when an Ontario resident passes away without a will, probate is necessary to establish a legal executor for asset distribution. And it ensures that the process follows legal guidelines while safeguarding the interests of the beneficiaries.

    Calculating probate fees in Ontario

    The calculation of Estate Administration Tax in Ontario is relatively straightforward, and can be found on Ontario.ca, if you are looking to play around with the numbers yourself. Like marginal income tax brackets, the tax rate is determined by a tiered system that corresponds to the total value of the estate on the date of death. Here’s a breakdown of the current rates:

    Estates Valued Under $50,000

    If the estate’s total value is less than $50,000, no Estate Administration Tax is payable.

    Estates Valued Over $50,000

    Estates valued above $50,000 are subject to a tax rate of $15 per $1,000 or part thereof.

    For example, if an estate is valued at $200,000, the calculation would be as follows:
    The first $50,000: = $0
    The remaining $150,000: ($200,000-$50,000=$150,000) x $15 per $1,000 = $2,250

    So, the total estate administration tax for an estate valued at $200,000 would be $2,250.

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    Debbie Stanley

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  • Family legacy: How to pass along the family cottage—and 3 things to avoid – MoneySense

    Family legacy: How to pass along the family cottage—and 3 things to avoid – MoneySense

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    There’s no one-size-fits-all solution. “Planning has a lot of moving pieces, and it’s very important to get it right, and it’s very easy to get wrong,” says Peter Lillico, partner at Lillico Bazuk Galloway Halka Law firm in Peterborough, Ont. He is also a speaker at the Cottage Life shows. “Every family is unique, every cottage is unique, and every cottage succession is unique.” Here, he breaks down the common misconceptions Canadians have about estate planning around the family cottage.

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    Myths around cottage succession 

    Identifying any potential issues is the first step in navigating how to transition the family cottage effectively. Let’s look at some common misconceptions and the solutions that work.

    1. Assuming everybody will get along

    Many parents assume that their children and other family members will agree on how to use and maintain the cottage. This is a mistake because it overlooks the potential for conflicts and differing expectations.

    For example, take a family with two adult children, one living in Alberta and the other in Ontario. The one who lives close to the cottage in Ontario may use the property quite often. However, if the expenses are split 50/50 between both, this can lead to arguments. Lillico says: “There are cottage sharing agreements that can, and should, be worked out beforehand.” Parents (and/or their adult children, frankly) can create agreements that outline rules around care and expenses, and whether they should be shared equally or allocated in proportion to usage, or whatever the family wants. 

    A cottage sharing agreement is a binding document that passes the ownership and control from one generation to the next. It doesn’t just include estate planning details, but also future rules around the cottage. It contains structured instructions for financial responsibilities, sharing usage concerns, division of ongoing labour and maintenance, and even dispute resolution. Lillico explains a real estate lawyer can help with the cottage sharing agreement, as well as “a worksheet that helps [parents] to consider how well suited the kids are for cottage ownership.” 

    2. Underestimating capital gains tax

    Some Canadian cottage owners may believe that succession of the property will leave their children with a valuable asset, but many underestimate the costs of capital gains tax and unforeseen maintenance expenses.

    As real estate prices increased over the years, the family cottage may have risen in value significantly, especially if it was purchased decades ago. This leaves owners facing capital gains tax when they sell the property. Capital gains tax is levied on the profit of the cottage, which is considered a capital asset. 

    Capital gains and losses are calculated based on the difference between the selling price and the original purchase price, adjusted for certain eligible expenses like renovations and improvements. (So, keep those receipts to lower the gain!) 

    A loss can be used to reduce owed taxes on a personal income tax return. A gain, however, is taxed, but not all of it. The taxable portion of a gain is divided in half, and that amount is added to the individual’s overall income and taxed according to their income tax bracket.

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    Debbie Stanley

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  • Your retirement checklist: 9 steps toward a better retirement

    Your retirement checklist: 9 steps toward a better retirement

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    The U.S. is approaching “peak 65.” Are you ready for it?

    The number of people who turn 65 every day will peak in 2024, and more people will be staring at the possibility of retirement, often without a plan or a roadmap to help them thrive. Given that more people are living longer, that’s a long time to spend bored, lonely or financially insecure.

    Here’s a checklist to help you navigate the financial decisions, legal complications and social ramifications of retiring. Since 60% of workers retire earlier than planned, according to the Transamerica Institute and the Transamerica Center for Retirement Studies, you shouldn’t leave these tasks to the last minute. Get started now.

    1. Update your will and estate-planning documents

    Your will may be decades out of date and your financial accounts may have beneficiaries linked to a previous marriage. Dust off those documents and get them refreshed as soon as possible.

    “Before you even start thinking about retirement, there’s some housekeeping that needs to get done,” says Eric Bond, the president of Bond Wealth Management. 

    On your immediate to-do list, make sure you have a will, power of attorney and healthcare power of attorney in case you become incapacitated and can’t act on your own behalf. You’ll also need a HIPAA waiver as well as a trust, says Catherine Collinson, the chief executive and president of the nonprofit Transamerica Institute and Transamerica Center for Retirement Studies.

    “There’s still widespread belief that trusts are only for the affluent, but they’re for everyone,” Collinson says. “It’s amazing how small issues can take on enormous bureaucratic proportions. You want to try to avoid that.”

    Nicholas Yeomans, a financial adviser and the president of Yeomans Consulting Group, says to check retirement plans, life insurance and annuity accounts to make sure you have your beneficiaries listed properly. You may have a will, but beware that beneficiaries on such accounts supersede a will, he says. Be sure to name secondary or contingent beneficiaries, as well.

    2. Create a budget

    “It’s really basic, but only 23% of preretirees and 19% of retirees have a written plan. Until you put the numbers into a spreadsheet, it’s impossible to come up with realistic expectations for how you’re going to live your life. Otherwise, you’re just winging it,” Collinson says.

    “Life is much more complicated and challenging. You need backup plans and contingency plans,” she says. “It’s really important to plan for life’s unforeseen circumstances.”

    Bond, meanwhile, cautions that people who retire in their 60s need to realize that longevity has increased and they could be retired for decades.

    “Milk and eggs are not getting cheaper. You have to plan for the long haul,” he says.

    Working Americans think they need an average of $1.1 million to retire, according to the Schroders 2023 U.S. Retirement Survey. Financial advisers generally recommend that people have 75% to 85% of their preretirement income for each year of their retirement.

    Also read: How never to outlive your money

    3. Build up your cash reserves

    Once you have a budget in place, build up cash reserves to cover six to nine months of basic expenses, such as mortgage, utilities and living expenses, Yeomans says.

    “People are either one of two extremes when it comes to emergency funds — too much cash or not enough,” he says.

    And in the years leading up to retirement, Brandon Robinson, the president and founder of JBR Associates, recommends that you work on eliminating your “bad” debt, such as credit cards or vehicle payments. Having a mortgage, however, is not necessarily a bad thing, since a house is generally an appreciating asset, he says. 

    4. Consider hiring an adviser

    “Most people only retire once,” Collinson says. “Financial advisers have the depth and breadth of experience to help. Many workers have a 401(k), and with that often comes access to financial guidance. Take advantage of that.” 

    She adds: “In today’s turbulent economy, the many people who may have felt comfortable taking a do-it-yourself approach may need help navigating uncharted territory.”

    And make sure you meet with your financial adviser on an annual basis, Robinson adds.

    5. Plan for healthcare and long-term-care needs

    Healthcare is costly, and it can be even more so for retirees. It can cost as much as $5,100 a month for a home health aide, for instance, and an average of about $8,000 a month for a semiprivate room in a nursing home, according to the Genworth Cost of Care Survey. Genworth is a long-term-care insurance company. 

    By another measure, a 65-year-old retiring in 2023 could spend an average of $157,500 on health and medical expenses throughout his or her retirement, according to Fidelity Investments, which tracks retiree healthcare expenses annually. 

    Also think about the long-term costs of help with the activities of daily living, such as bathing, toileting and dressing — assistance that is not covered by Medicare.

    When asked what their plans are for if and when their heath declined, 46% of retirees said they’d rely on family and friends, and 31% said they don’t have any plans or haven’t thought about it, Collinson says. 

    “People don’t want to think about needing someone to bathe and dress them. The cost and potential impact of these topics is enormous,” she says. 

    Collinson says it’s important to learn about long-term care — what’s available and at what price. That can help guide your decisions about long-term care insurance, but options in that market have contracted and costs have risen, putting such services out of reach for many people

    Only 14% of retirees are very confident they could afford long-term care if needed, she says.

    “Many people are under the impression that Medicare covers more long-term care than it actually does,” Collinson says. “And qualifying for Medicaid is extreme. It means that you’re at dire financial means, if not bankrupt. And Medicaid facilities have long waiting lists.”

    6. Get the facts about Medicare 

    Speaking of Medicare, it’s important to learn what the program covers and what it doesn’t.

    “There are so many decision criteria about the type, level and cost of care,” Collinson says. “It behooves everyone to understand the Medicare options best for them and review those plans regularly.”

    Also, it’s critical to plan for Medicare when you’re 65, even if you’re not planning to retire until 67 or 70.

    There’s a seven-month window to enroll in Medicare, which includes the three months before you turn 65, the month of your birthday and the three months after. If you miss that seven-month window and you don’t have health insurance from a large employer, you can face lifetime penalties for late enrollment in Medicare. 

    The first step is to contact the Social Security Administration — not Medicare itself — to start Medicare. And you’ll enroll only yourself — it’s not a family plan.

    If you’re getting Social Security and you enroll in Medicare, your premiums will come directly out of your Social Security check. However, if you’re not getting Social Security yet, you should set up automatic payments for Medicare, because your enrollment can get canceled for nonpayment.

    7. Plan your Social Security strategy

    You need to know when and how to manage your Social Security claiming. The Social Security Administration website is a great starting point, but be sure to talk with a financial adviser or visit your 401(k) plan’s financial resource center to get more information.

    Read: How much does my Social Security benefit increase when I delay filing?

    “Ideally, you want to wait until the full retirement age or age 70, which is the maximum age,” Collinson says. 

    Full retirement age is 67 for those born in 1960 or later.

    “When to take Social Security is a major decision that depends on your health, the health of your spouse, your jobs. Making that decision is a big one. Don’t take it lightly,” Robinson says. 

    Read: Inflation is already racing past next year’s Social Security COLA

    8. Consider downsizing

    “Consider downsizing or moving, but take your time,” Yeomans says. “People make major purchase mistakes in the first 12 to 18 months of retirement. But take your time. Consider renting before pulling that trigger.”

    Aging in place is something about nine out of 10 people want to do, according to a survey from Transamerica Institute and the Transamerica Center for Retirement Studies, but Collinson says people need to prepare their homes for that.

    You may need wider doorways that can accommodate a wheelchair, as well as chairlifts, grab bars and shower seats. 

    “If your dream home in retirement has lots of stairs, know that you may need to move when stairs become unmanageable,” she says.

    9. Retire to something meaningful

    Once you have the financial and legal aspects taken care of, think about how — and with whom — you want to spend your time in retirement. 

    “Make sure you’re not retiring from something, but instead retiring to something,” Yeomans says. “Men struggle with this the most. The average man has no close friends in their life who aren’t connected to work. And so much of our health in retirement comes from relationships.”

    Now read: In retirement, time is short. Don’t waste it on things you hate.

    People often don’t realize what they’ll lose when they quit working: routine, structure, social interactions, mental stimulation and in some cases physical activity, says Robert Laura, founder of the Retirement Coaches Association.

    People also often don’t take their personality into account when considering retirement.

    “If you’re a Type A personality, you may feel out of sorts with endless time. A lot of people don’t critically question retirement. They think it’s golden. But people often don’t want to retire — they just want to stop doing their primary job,” Laura says. 

    Joe Casey, managing partner of retirement-coaching company Retirement Wisdom, recommends talking to people who are thriving in retirement and learning how they spend their time and energy. 

    “People miss the challenge of working. What’s the new challenge that will help you keep growing? Don’t get too hung up on finding a singular new purpose. Try new things. Volunteer. Try several activities and be open to experimenting,” Casey says. 

    Casey suggests mapping out what a typical day or week will look like in retirement and how you plan to fill those hours. Give yourself some structure by having three things to do every day. That will provide you with a road map of how to spend your time but will also give you flexibility to let the day unfold.

    Laura says the newly retired should set 30-, 60- and 90-day goals to create some structure and have small objectives to work toward.

    “People suffer from choice paralysis — they have all the time in the world and so many options open to them. People go into retirement with vague ideas and don’t know where to start doing something, so they never do it,” Laura says. 

    “Retirement is the longest New Year’s resolution. It’s goals you have and never accomplish unless you’re focused. You don’t get extra motivation or energy in retirement, so you need to focus on what you want to accomplish,” Laura says.

    A sobering statistic may spur you into action: The average retiree watches as much as 47 hours of television a week, according to AgeWave.

    To avoid that, start thinking about and planning for retirement with your partner far ahead of the actual date. Learn each other’s goals and expectations for retirement and compare notes. Some adjustments might be in order.

    “What if one wants to sail around the world and the other wants to see the grandkids every month?” Laura says.

    Casey also recommends taking retirement for a test drive by taking a week off work. “You can get a good sense of retirement in a week trial,” he says. “It will show you how long a day can be.”

    And Collinson says to prioritize physical fitness — but don’t forget about your mental health, too. Stay engaged with other people and avoid isolation. 

    Loneliness is as deadly as smoking up to 15 cigarettes a day and is associated with a greater risk of cardiovascular disease, dementia, stroke, depression, anxiety and premature death, according to a recent advisory from the U.S. Surgeon General.

    The takeaway: Make sure you plan how you’ll carry out your hopes and dreams in retirement to make it all feel worthwhile.

    “What was the reason you worked hard for so many years?” Casey says. “It wasn’t to watch 47 hours of TV each week.”

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