Lexpert
Lexpert
  • HOME
  • RANKINGS
  • NEWS
    • Lexpert special editions
    • Legal insights
    • Big Deals
    • Digital Editions
    • Lexpert TV
    • Features
    • Premium content
  • AWARDS
    • Lexpert Rising Stars
    • Canadian Law Awards
  • METHODOLOGY
    • Lexpert/ALM 500 Directory
    • Canadian Lexpert Directory
    • Who's Who
    • Practice Areas
  • TEAM
  • FAQ
  • Lawyers
  • Firms
  • Rankings
  • Largest
  • Who's Who
Digital Shellcharts
Canadian Legal Talent
Methodology
Category Definitions
What is Estate & Personal Tax Planning?

Best Personal Tax Plannin and Estate lawyers in Canada as ranked by Lexpert

 

Personal Tax Planning and Estate lawyers are generally understood to comprise the provision of wealth preservation advice and, as such, includes income and capital gains tax minimization and estate planning generally; the use of various tax shelters and deferrals; international tax planning for Canadian and non-Canadian residents and domiciliaries; formation of charitable trusts and companies; on- and offshore trust and asset protection structures; estate and tax planning utilizing inter vivos and other asset protection structures; estate freezes; long term strategic tax planning including inter-generational transfers of private individual, family business, and other closely-held corporations; tax planning respecting ownership of shares in private and public companies including on- and off-shore executive compensation structures; and tax planning for Canadians investing internationally and foreign investors establishing businesses in Canada.

 

Please note that the Lexpert directory has separate practice areas for:

  • Corporate tax lawyers
  • Private equity lawyers
  • Family lawyers

 

What does an estate lawyer do in Canada?

Estate lawyers help individuals and families with their future, especially with regards to their properties and taxations, to ease up the difficulties and prevent unnecessary problems brought by the death of a family member.

 

Estate law – generally

In its entirety, estate law are the laws governing an individual’s possessions or properties – both when the individual is still alive or after their death. The law deals with the relationship between a property owner, their properties, and the government, in relation to conveyances, taxes, and succession, among others.

 

Tax and Estate Planning in Canada

When a person dies, certain laws apply with regards to that person’s possessions and properties. As such, it is important to consult with estate lawyers to do a tax and estate planning. This plan, which may also be called a succession plan, can preserve properties owned by a person for their family, especially the surviving spouse and children while looking into how tax regulations are still complied with in the process. This is also helpful for the deceased person’s business/businesses and successors.

 

Powers of attorney

Persons may designate estate lawyers, or their spouse, a relative, or any close persons, as their property administrator by executing a legal document called power of attorney. The appointed person or lawyer will manage the finances and properties of the person, whether while they are still alive, or after they died, or when they become mentally unstable.

Unless the executing person limits the role of an administrator, the appointee can basically do anything, subject to the provincial and territorial statutes on administration. With this, powers of attorney are intimately connected with wills, where an administrator may also execute what has been indicated in a person’s will, but cannot change the said will.

 

Wills

When a person dies, there are two circumstances as to their finances, property and possessions – they died intestate, which means they died without leaving a will; or they died leaving a will with an executor or administrator. At best, estate lawyers are the most effective executor of wills or administrator of properties, although, private persons are also allowed to become so.

 

Intestate

As to the first circumstance, when a person dies intestate, their properties will be divided among the relatives of the deceased person, in accordance with the provincial and territorial legislations regarding distribution of assets and succession law. Here, the court will appoint the administrator/executor, and if need be, will also appoint a guardian for the deceased person’s underage children.

 

With a will

For the second circumstance, when a person leaves behind a will, laws on testamentary succession of the provinces and territories will also apply. However, what is in the will must be followed by the appointed administrator/executor by the deceased person. Common to these provincial and territorial statutes on the legality of wills are the following (however, it is best to consult with estate lawyers for the specifics for each province or territory):

  • The will must be in writing (not oral), and signed by the person writing the will before valid witnessed (e.g., witnesses should not be future beneficiaries)
  • Person writing the will should be in legal and in his sound mind during its writing
  • Holographic wills must be in the person’s handwriting and with their signature

One of the responsibilities of the administrator/executor is to submit to the court the will and inventory of the deceased person’s properties and finances. Afterwards, the court will conduct the probate proceedings to determine:

  • The validity of the will
  • The capacity of the administrator/executor to perform
  • And resolve any other issue that may arise from the deceased person’s will

Once satisfied, the court will now issue the Grant of Letters Probate to the administrator/executor for them to perform what has been indicated in the will. The actual process and legal fees may vary per province or territory, and estate lawyers are best conferred with regarding wills.

 

“Deemed disposition” rule

The “deemed disposition” rule in Canada provides that taxes will not be imposed on the estate of the deceased. This contrasts with other countries, where taxation over properties still works after a person dies. As such, upon the death of the person, their properties are “deemed” sold at fair market value, and the capital gains tax will be computed based on the difference of the income and costs of the said sale.

 

RRSP and RRIF

The deceased person’s Registered Retirement Savings Plan (RRSP) and Registered Retirement Income Funds (RRIF), which are typically tax-free, will be de-registered and will be included in the computation of the deceased’s final tax return, unless these are transferred to a qualified dependents or beneficiaries. This can be done when it is indicated in the plan itself or in a person’s will, which is another advantage of doing estate and personal tax planning.

 

Estate lawyers in Canada

Estate lawyers help persons and families by preserving and transferring their hard-earned properties and assets by assisting them undergo a personal tax and estate planning, which may include the drafting and execution of wills, or creation of family trusts or other kinds of trusts. For families who engage in businesses and corporations, a business succession planning is also where these lawyers may assist them with.

As such, they are knowledgeable not only with the laws on succession, but are also experts in corporation law, and taxation laws. Additionally, they can also provide for simpler way of dealing and complying with regulating government agencies, such as the Canada Revenue Agency.

 

Do you need a lawyer to settle an estate in Canada?

As mentioned above, although property administrators or executors may not need to be lawyers, it would be an advantage to have estate lawyers deal with settling estates. Where a person dies leaving a will or not, lawyers may help either way – representing families in probate proceeding as the executor or as the court-appointed administrator – they are experienced enough to promptly and effectively settle estate regulations and disputes.

 

How long does an estate take to settle in Canada?

This would depend on each province or territory. For example, there is no deadline in British Columbia, but an executor generally has 1 year to settle all estate matters; in Ontario, it would be 6 months to 1 year; while in Quebec, there is no set time limit.

 

Is it better to have a will or a trust in Canada?

Where a will governs the “will” of a person when they die, a trust is established to enable conveyances of properties while a person is still alive. Although, what has been stipulated in the will may be accomplished through the creation of trusts, and transferring these trusts to the necessary heirs and persons named in the will. Additionally, since trusts are usually established with a third-party financial institution, it is equally legally binding, except that it is not subject to probate proceedings where its validity can be questioned.

Interested in proceeding with a tax and estate planning? Below are the best estate lawyers as ranked by Lexpert to help you and your family or business in crafting such plans.

Caroline E. Abela
Caroline E. Abela
Year called to bar: 2002
Toronto, Ontario
WeirFoulds LLP
Raymond G. Adlington
Raymond G. Adlington
Year called to bar: 1997
London, Ontario
Miller Thomson LLP
Antoine Aylwin
Antoine Aylwin
Year called to bar: 2003
Montréal, Québec
Fasken Martineau DuMoulin LLP
Erica J. Baron
Erica J. Baron
Year called to bar: 2002
Toronto, Ontario
McCarthy Tétrault LLP
Jack Bernstein
Jack Bernstein
Year called to bar: 1977
Toronto, Ontario
Aird & Berlis LLP
Maureen Berry
Maureen Berry
Year called to bar: 1992
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Gail Black
Gail Black
Year called to bar: 1979
Calgary, Alberta
Miller Thomson LLP
Howard S. Black
Howard S. Black
Year called to bar: 1985
Toronto, Ontario
Miller Thomson LLP
Rachel L. Blumenfeld
Rachel L. Blumenfeld
Year called to bar: 1998
Toronto, Ontario
Aird & Berlis LLP
Doris C.E. Bonora
Doris C.E. Bonora
Year called to bar: 1987
Edmonton, Alberta
Dentons Canada LLP
Blair L. Botsford
Blair L. Botsford
Year called to bar: 1997
Toronto, Ontario
O'Sullivan Estate Lawyers LLP
Mark D. Brender
Mark D. Brender
Year called to bar: 1990
Montréal, Québec
Osler, Hoskin & Harcourt LLP
Douglas D. Buchmayer
Douglas D. Buchmayer
Year called to bar: 1990
Ottawa, Ontario
Gowling WLG
Clare E. Burns
Clare E. Burns
Year called to bar: 1991
Toronto, Ontario
WeirFoulds LLP
Laura Cardiff
Laura Cardiff
Year called to bar: 2015
Toronto, Ontario
Casey & Moss LLP
Angela Casey
Angela Casey
Year called to bar: 2002
Toronto, Ontario
Casey & Moss LLP
Jules Charette
Jules Charette
Year called to bar: 1981
Montréal, Québec
Norton Rose Fulbright Canada LLP
Kelly A. Charlebois
Kelly A. Charlebois
Year called to bar: 2001
Toronto, Ontario
Miller Thomson LLP
Donald N. Cherniawsky
Donald N. Cherniawsky
Year called to bar: 1988
Edmonton, Alberta
Felesky Flynn LLP
David Chernos
David Chernos
Year called to bar: 1993
Toronto, Ontario
Chernos Flaherty Svonkin LLP
Carole Chouinard
Carole Chouinard
Year called to bar: 1986
Ottawa, Ontario
Gowling WLG
David J. Christian
David J. Christian
Year called to bar: 1990
Vancouver, British Columbia
Thorsteinssons LLP
Nancy E. Claridge
Nancy E. Claridge
Year called to bar: 2006
Orangeville, Ontario
Carters Professional Corporation
Emily Clough
Emily Clough
Year called to bar: 2009
Vancouver, British Columbia
Clark Wilson LLP
Brian E. Cohen
Brian E. Cohen
Year called to bar: 1999
Toronto, Ontario
Gowling WLG
Pamela L. Cross
Pamela L. Cross
Year called to bar: 1996
Ottawa, Ontario
Borden Ladner Gervais LLP (BLG)
Wendi P. Crowe
Wendi P. Crowe
Year called to bar: 1997
Edmonton, Alberta
Miller Thomson LLP
Stephanie J. Daniels
Stephanie J. Daniels
Year called to bar: 2004
Vancouver, British Columbia
FARRIS
Justin W. de Vries
Justin W. de Vries
Year called to bar: 1993
Toronto, Ontario
de Vries Litigation LLP
Daniel J. Dochylo
Daniel J. Dochylo
Year called to bar: 1993
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Lori M. Duffy
Lori M. Duffy
Year called to bar: 1984
Toronto, Ontario
McCarthy Tétrault LLP
Sandra L. Enticknap
Sandra L. Enticknap
Year called to bar: 1975
Vancouver, British Columbia
Miller Thomson LLP
Eduardo Esposto
Eduardo Esposto
Year called to bar: 1991
Toronto, Ontario
Aird & Berlis LLP
Lou-Anne F. Farrell
Lou-Anne F. Farrell
Year called to bar: 1988
London, Ontario
Harrison Pensa LLP
William J. Fowlis
William J. Fowlis
Year called to bar: 1987
Calgary, Alberta
Miller Thomson LLP
Edgar A. Frechette
Edgar A. Frechette
Year called to bar: 1992
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
John Israel Galambos
John Israel Galambos
Year called to bar: 2005
Montréal, Québec
KPMG Law LLP
Paul J. Gibney
Paul J. Gibney
Year called to bar: 1991
Toronto, Ontario
Thorsteinssons LLP
Peter J. Glowacki
Peter J. Glowacki
Year called to bar: 1992
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Mary B. Hamilton
Mary B. Hamilton
Year called to bar: 1987
Vancouver, British Columbia
Alexander Holburn Beaudin + Lang LLP
Kary B. Hargreaves
Kary B. Hargreaves
Year called to bar: 1982
Edmonton, Alberta
Felesky Flynn LLP
Jeremy J. Herbert
Jeremy J. Herbert
Year called to bar: 2006
Edmonton, Alberta
Felesky Flynn LLP
M. Elena Hoffstein
M. Elena Hoffstein
Year called to bar: 1980
Toronto, Ontario
Miller Thomson LLP
Ian M. Hull
Ian M. Hull
Year called to bar: 1990
Toronto, Ontario
Hull & Hull LLP
Pia Hundal
Pia Hundal
Year called to bar: 2009
Toronto, Ontario
Bales Beall LLP
Kirsten Jenkins
Kirsten Jenkins
Year called to bar: 2000
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Claude E. Jodoin
Claude E. Jodoin
Year called to bar: 1987
Montréal, Québec
Fasken Martineau DuMoulin LLP
Danielle Joel
Danielle Joel
Year called to bar: 1999
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Joan E. Jung
Joan E. Jung
Year called to bar: 1985
Toronto, Ontario
Minden Gross LLP
Barbara J. Kimmitt
Barbara J. Kimmitt
Year called to bar: 1994
Calgary, Alberta
Bennett Jones LLP
  • PRIVACY
  • TERMS OF USE
  • TERMS & CONDITIONS
  • ABOUT US
  • ADVERTISE WITH US
  • CONTACT US
  • SITEMAP
  • SUBSCRIBE
  • NEWSLETTER
  • DIGITAL EDITION
  • AUTHORS
  • EXTERNAL CONTRIBUTORS
  • BEST LAWYERS
Copyright © 2023 KM Business Information Canada Ltd.