May 18, 2021

Volume XI, Number 138

Estate Planning and Tax Altro Law

The Altro LLP estate planning team possesses a wide range of experience in all aspects of wills, trusts and estates. Our professionals provide individuals, families and business clients with comprehensive advice customized to their specific needs to ensure the smooth transfer of assets to the next generation including reducing or eliminating probate fees and minimizing or deferring tax on capital gains, income splitting through the use of spousal (for married or common law spouses) and testamentary trusts as well optimizing wills to enable charitable giving.

Planning for the transfer of assets on death requires careful consideration of the tax consequences that may arise at such time. Our lawyers will analyze the different tax consequences that may apply in respect of various asset classes such as registered plans, non-registered investments, corporate assets, real estate and personal property.

Without proper planning, a Canadian taxpayer’s estate may encounter a host of legal issues if he or she dies intestate (without a Will). These include the application of probate tax on assets that may have been transferred without probate, triggering capital gains tax which may have been deferred and/or guardianship issues for minor children.

Most notably, the application of relevant statutes, for example, in Ontario, the Succession Law Reform Act, will dictate how assets are to be distributed in the absence of a Will. Such distribution will depend on the next of kin who survive the testator/testatrix and often results in a distribution that may not have been the intention of the deceased.

Our professionals analyze the facts specific to each client’s situation in order to recommend and implement an appropriate plan. We also help clients settle estates of Canadians who pass away owning real property in foreign jurisdictions.


Articles in the National Law Review database by Estate Planning and Tax Altro Law