estate planning

Many of your clients have spent years building their wealth, but without a proper estate plan, all that hard work could be distributed in ways they never intended. The truth is that most people put off estate planning because it feels overwhelming or uncomfortable.

You can help your clients understand that estate planning is not about preparing for death. It’s about taking control of their financial future while they’re still alive and able to make sound and thoughtful decisions. In this article, Wealth Professional Canada will explore all that you need to know about estate planning.

What is estate planning?

Estate planning is the process of creating a detailed set of instructions that explain how your clients’ assets will be used and distributed when they die or become unable to manage their finances. A complete estate plan includes various legal documents and financial tools that work together to accomplish two main goals:

  • distributing assets according to your clients’ wishes
  • minimizing tax liabilities

The beauty of estate planning is that it doesn’t only benefit your clients after they’re gone. Estate planning can also help your clients manage and structure their financial affairs while they’re alive.

Without a proper estate plan, your clients’ assets could end up in the hands of a court-appointed administrator who might not share their values or understand their wishes. The administrator might sell cherished family items or distribute assets in ways your clients would never have chosen.

The court process can also be slow, expensive, and stressful for your clients’ loved ones. Watch this video to learn more about estate planning:

One study found that less than 50 percent of adult Canadians have general knowledge about estate planning. As a financial advisor, you must help your clients realize how important this process is.

You can also check out our Glossary page for more wealth and investment concepts.

What are the 7 steps in the estate planning process?

Estate planning doesn’t have to be complicated if you break it down into manageable steps. Here’s how your clients can move through the process:

1. Gather your clients' personal documentation

Before your clients can create an estate plan, they need to know what they have. This means gathering information about all their assets and belongings. Your clients should collect details on:

  • bank accounts
  • retirement accounts
  • insurance policies
  • titles and deeds for property
  • proof of ownership for vehicles and other belongings
  • proof of joint ownership, if applicable

They should also create an inventory of items that hold sentimental value, like family heirlooms or keepsakes. This documentation becomes the foundation for everything that follows.

When your clients have this information organized, it becomes much easier to decide how to distribute their assets and plan for taxes.

2. Determine how assets should be distributed

Now that your clients know what they have, they need to think about where it should go. This step requires imagination and honesty.

Your clients should consider what they want to happen to their wealth when they pass away. They’ll need to think about how they’d like to transfer their assets, considering factors like minor children or charities they want to support.

This is also a good time for your clients to think about the people who will handle their affairs when they’re not able to. These personal representatives might include an executor, a trustee, or a guardian for their children.

3. Work with a professional team

Estate planning involves working with several professionals who bring different areas of expertise to the table. Aside from engaging your services as a financial advisor or financial planner, your clients will need to work with tax specialists, lawyers, and notaries too.

4. Have the necessary legal documents

This is where the estate plan comes together. At a minimum, your clients should have:

  • a will
  • trusts (if appropriate)
  • someone given the power of attorney
  • possible details about final arrangements

5. Make the documents legally binding

For your clients’ will to be legally valid in Canada, there are three requirements:

  • they must write it while they're of sound mind
  • they should sign it with a wet (non-digital) signature
  • the will must be signed by two witnesses who don’t benefit from the estate

This is true in most provinces, although Quebec has different conditions.

6. Store the documents and inform your clients' loved ones

Once the documents are created and finalized, your clients need to store them somewhere safe. Options include a safety deposit box at a bank, a lawyer’s or notary’s office, or even at home in a secure location.

The important thing is that your clients tell their loved ones where these documents are kept. If something happens to them, their family members need to know where to find this information so they can begin settling the estate.

7. Update the plan regularly

Estate planning is not a one-time event. Your clients’ lives change, and their estate plans should change too. Major life events like marriage, divorce, or the birth of a child should prompt a review of the plan. Family conflicts can get in the way, so regular updates to the plan are crucial.

Life circumstances change, and it’s vital to make sure that the people your clients have chosen to handle their affairs are still willing and able to do so. As such, they should review who they’ve named as executor every few years. Someone who was the right choice two years ago might not be the best option now.

Check out this video for more valuable insights:

Read this article to find out six estate planning mistakes that clients should avoid.

How much does estate planning cost in Canada?

It depends. While Canada does not have an estate tax, your clients will need to pay for the services of an estate lawyer. For instance, in British Columbia, a simple will is going to cost about $800. In Ontario, the average fee is around $500.

Lawyer fees for estate planning usually fall into two categories: hourly rates or flat fees. Hourly rates work well if your clients' estate is simple. Flat rates work well for complex work because lawyers will provide the cost upfront.

Estates that are more complicated obviously tend to be more expensive.

What are the three main issues to consider in estate planning?

1. Minimizing taxes and fees

One of the most important reasons to have an estate plan is to reduce the tax burden on your clients’ estate. While Canada doesn’t have an official estate tax like the United States does, there are taxes on certain types of accounts and assets that are usually transferred in an estate.

Retirement savings accounts and certain kinds of real estate can be subject to taxes when they’re transferred. Without a proper estate plan, your clients could end up paying more taxes than they’re legally required to pay. There are also various fees involved in settling an estate, including:

  • probate fees
  • attorney fees
  • provincial fees
  • accounting fees

With a solid estate plan, your clients can appoint an executor who will work to minimize these fees and maximize what’s left for their heirs.

2. Making sure that assets go where your clients want them to go

Without a will, your clients’ assets will be distributed according to provincial intestacy laws. This might not reflect their wishes. For example, a court-appointed administrator might sell family heirlooms or miss tax-saving opportunities. They can even transfer assets in ways your clients would never have chosen.

When your clients have a will and other estate planning documents, they maintain control over where their assets go. They can specify which beneficiary receives which assets and set conditions on inheritances. They can make sure that treasured items go to people who will value them.

To learn more, check out these five tips to achieve the best estate planning.

3. Protecting minor children and planning for incapacity

If your clients have minor children, estate planning is not optional. They need to give clear instructions about what should happen to their children if both parents die before the children reach adulthood. Without these instructions, the courts will determine who raises the children and how any money left to them is managed.

Choosing a guardian for minor children is a difficult decision that your clients will make. They should evaluate potential guardians carefully, considering their values, their location, and their financial situation. Your clients want to be confident that whoever they choose will raise their children as they would want.

Estate planning also provides your clients the opportunity to leave instructions for their pets. They can include how they want their pets to be looked after if they ever pass away or become incapacitated.

Bringing your clients’ estate plan to life

The most important thing to remember is that estate planning is a process. Life changes, laws change, and your clients’ wishes might change too. As you help your clients review and update their estate plan regularly, you’re making sure that their plan continues to reflect their current situation and values.

When your clients have a well-executed estate plan in place, they have a guarantee that their hard-earned wealth will be distributed the way they intended. They're assured that their loved ones won’t have to guess about their final wishes. That’s the power of proper estate planning.

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