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Estate, Trust
& Probate
Administration

Your estate plan determines what happens to everything you've built — and who bears the tax burden. We ensure your wishes are documented, your heirs are protected, and your wealth transfers with minimal friction, cost, and delay.

Wills & Estates Trust Structures Cross-Border Estates
2
Countries
15+
Yrs Experience
100%
Confidential
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Will Drafting Powers of Attorney Trust Administration Probate Court Estate Tax Planning Cross-Border Estates Beneficiary Designations
Will Drafting Powers of Attorney Trust Administration Probate Court Estate Tax Planning Cross-Border Estates Beneficiary Designations
02

Planning, Protection
& Administration

From drafting your first will to administering a complex cross-border estate — we guide families through every stage with care and precision.

Will Drafting & Review

Professionally drafted wills that clearly express your wishes — naming executors, guardians for minor children, specific bequests, and residual estate distribution — reviewed and updated as your life changes.

Powers of Attorney

Continuing power of attorney for property and personal care / healthcare directives — ensuring someone you trust can manage your affairs and make medical decisions if you become incapacitated.

Beneficiary Designation Review

Reviewing and coordinating beneficiary designations across all accounts — RRSP, TFSA, life insurance, pensions, and retirement plans — to ensure they align with your will and minimize probate fees.

Estate Tax Planning

Minimizing the deemed disposition tax triggered at death — through spousal rollovers, TFSA preservation, capital gains crystallization strategies, and coordinated beneficiary planning to reduce the tax hit on your estate.

Probate Fee Minimization

Structuring asset ownership, beneficiary designations, and joint ownership arrangements to reduce the assets subject to probate — cutting fees and delays for your estate and beneficiaries.

Cross-Border Estate Planning

Planning for estates with assets, beneficiaries, or executors in both Canada and the US — coordinating deemed disposition, US estate tax, treaty elections, and probate across both jurisdictions.

Testamentary Trusts

Trusts created through your will that take effect at death — used to protect inheritances for minor or vulnerable beneficiaries, stagger distributions over time, and potentially reduce taxes paid by beneficiaries on trust income.

Alter Ego & Joint Partner Trusts

Living trusts for individuals aged 65+ that allow assets to transfer directly to beneficiaries without probate — avoiding court delays, maintaining privacy, and ensuring seamless succession outside the will.

Henson Trusts (Disability Planning)

Absolute discretionary trusts designed for beneficiaries with disabilities — preserving their eligibility for government support programs while still providing for their care and quality of life.

Spousal & Common-Law Partner Trusts

Trusts that defer the deemed disposition tax on assets transferred at death to a spouse — providing income to the surviving spouse while protecting the capital for children from a prior relationship.

Ongoing Trust Administration

Acting as or supporting trustees in their obligations — investment oversight, annual trust tax returns (T3), distributions to beneficiaries, record-keeping, and compliance with the trust deed and applicable legislation.

US Trust Coordination

Advising on cross-border trust structures — including the tax treatment of Canadian trusts with US beneficiaries, Foreign Grantor Trust rules, and the US reporting obligations that arise when trust assets cross borders.

Probate Application Preparation

Complete preparation of the Certificate of Appointment of Estate Trustee (Ontario) and equivalent applications in other provinces — including asset valuations, court filing, and fee calculations.

Estate Administration

Supporting executors through the full estate administration process — asset inventory and valuation, creditor notifications, debt settlements, account closures, and final distribution to beneficiaries with proper releases.

Terminal & Estate Tax Returns

Filing all required tax returns for the deceased — the terminal T1 return, optional returns (rights or things, self-employed income), the estate T3 trust return, and a clearance certificate before final distribution.

Executor Support Services

Executors carry significant personal liability. We provide step-by-step guidance — checklists, timelines, government notice templates, and financial administration support — so executors fulfill their duties confidently and correctly.

Cross-Border Probate Coordination

Administering estates with assets in both Canada and the US — including ancillary probate for US real estate, Canadian clearance certificates, US estate tax returns (Form 706-NA), and treaty elections.

Estate Dispute Support

Providing financial analysis, documentation, and expert support in estate disputes — including will challenges, executor accountability proceedings, and beneficiary disputes — working alongside legal counsel.

03

Common Trust Structures

Each trust type solves a different problem. We recommend the right structure based on your specific family circumstances, assets, and goals.

Testamentary

Estate Trust

Created by your will. Activates at death. Assets held and managed for beneficiaries — often children or vulnerable family members — until conditions are met.

Protects minor beneficiaries
Controlled distributions over time
Graduated tax rate (GRE eligibility)
Living Trust

Alter Ego Trust

Created during your lifetime (age 65+). Assets transfer directly to beneficiaries at death — bypassing probate entirely. Provides control, privacy, and seamless succession.

Avoids probate fees & delays
Complete privacy of estate
Harder to challenge than a will
Disability

Henson Trust

Designed for beneficiaries with disabilities. Trustee has absolute discretion over distributions — preserving the beneficiary's eligibility for ODSP and other support programs.

ODSP / government benefit protection
Flexible care funding
Protected from beneficiary creditors
Spousal

Spousal Trust

Transfers assets to a trust for a surviving spouse — deferring the deemed disposition tax until the spouse's death, while protecting capital for children from prior relationships.

Full tax deferral on rollover
Protects children's inheritance
Blended family protection
Family

Family Trust

An inter vivos discretionary trust holding assets for benefit of family members — primarily used for income splitting, business succession, and capital gains planning during your lifetime.

Income splitting across family
Multiple LCGE crystallization
Business succession vehicle
Warning

Dying Without a Will

Intestate succession laws divide your estate — not necessarily the way you would have chosen. Courts appoint an administrator, assets may go to estranged relatives, and minor children's shares are held until age 18 with no discretion.

Draft your will now

The Estate
Administration Timeline

Estate administration in Ontario typically takes 12–18 months for straightforward estates, and longer for complex or cross-border situations. Knowing the steps in advance reduces stress — and mistakes.

1
Death & Immediate Steps Week 1–2

Obtain death certificates, locate the will, notify beneficiaries, secure assets, cancel government benefits, notify financial institutions.

2
Probate Application Month 1–3

Prepare court application, value estate assets, calculate Ontario Estate Administration Tax (~1.5%), file with Superior Court of Justice.

3
Asset Collection & Debt Settlement Month 3–8

Collect, liquidate, or transfer assets; publish notice to creditors; pay estate debts, CRA arrears, and administration costs.

4
Tax Returns & CRA Clearance Month 6–14

File terminal T1 return, optional T1 returns, T3 estate trust return, and apply for a tax clearance certificate before distributing assets.

5
Final Distribution Month 12–18+

Distribute estate assets to beneficiaries with signed releases, prepare final executor's accounts, and close the estate.

Estate Planning
Document Checklist

A complete estate plan is more than just a will. Review this checklist — and let us know what's missing from yours.

Core Documents
Last Will & Testament
Updated to reflect current wishes, assets & beneficiaries
Continuing Power of Attorney — Property
Authorizes a trusted person to manage finances if incapacitated
Power of Attorney — Personal Care
Healthcare decisions if you cannot make them yourself
Financial Accounts
RRSP/RRIF Beneficiary Designations
Named, current, and aligned with your estate plan
TFSA Successor Holder / Beneficiary
Successor holder preserves tax-free status for spouse
Life Insurance Beneficiary Designations
Reviewed and coordinated with your will
Advanced / Cross-Border
Trust Deed (if applicable)
Current, properly administered, tax returns filed
US Will / Healthcare Directive (if US assets)
Coordinated with Canadian will; ancillary probate ready
Estate Asset Inventory
Current list of all assets, accounts, and access credentials

Grey items above? Most people are missing at least two of these. Book a free consultation and we'll walk through your complete estate picture.

04

The T&F Difference

Estate planning disconnected from your tax situation, corporate structure, and retirement income plan is incomplete — and often creates the very problems it was meant to solve.

Tax-Integrated Estate Planning

We plan your estate alongside your income tax and corporate structure — so decisions about wills, trusts, and beneficiary designations are always evaluated for their tax consequences, not in isolation.

Cross-Border Estate Specialists

Estates spanning Canada and the US face double the complexity — deemed disposition at death, US estate tax on Canadian residents, treaty elections, ancillary probate, and dual-jurisdiction clearance. We handle it all.

Executor Support from Day One

Executors carry personal liability. We provide practical, step-by-step administrative support — preparing tax returns, managing creditors, handling CRA, and walking executors through every obligation precisely.

Regular Estate Reviews

Major life events — marriage, divorce, new children, business sale, relocation — all require estate plan updates. We prompt you to review and keep your documents current as your life changes.

Complete Confidentiality

Estate matters are deeply personal. We maintain absolute confidentiality across all aspects of your plan — asset values, family circumstances, and distribution decisions. Your privacy is a non-negotiable commitment.

Free Estate Plan Review

We'll review your existing estate documents, beneficiary designations, and asset structure — identify gaps, outdated provisions, or tax inefficiencies — at no charge.

Book a Free Review

Service Packages

Structured to match your life stage, complexity, and the size of the estate being planned or administered.

Essentials

Estate Plan
Foundation

For individuals and couples creating or updating their core estate documents for the first time.

Will drafting & review
Power of attorney (property)
Power of attorney (personal care)
Beneficiary designation audit
Basic probate fee minimization
Get a Quote
Cross-Border

Dual-Jurisdiction
Estate Plan

For estates with assets, beneficiaries, or executors spanning Canada and the United States.

Everything in Comprehensive
US & Canadian will coordination
US estate tax analysis & planning
Cross-border probate (ancillary)
US 706-NA / treaty elections
Get a Quote
05

Frequently Asked
Questions

Estate planning raises sensitive, complex questions. Here are the ones we hear most often — and our answers are always specific to your situation, not generic.

Ask Us Anything
Canada does not have an inheritance or estate tax — but death does trigger a deemed disposition, meaning you are considered to have sold all your assets at fair market value on the date of death. This generates capital gains on investments, rental properties, private company shares, and other capital assets. RRSP and RRIF balances are also included in income in the year of death. Proper planning — spousal rollovers, trusts, life insurance, and crystallization strategies — can significantly reduce or defer this tax.
Probate (formally called Certificate of Appointment of Estate Trustee) is the court process that validates a will and authorizes the executor to deal with estate assets. Ontario's Estate Administration Tax is approximately 1.5% of the estate value over $50,000. On a $2 million estate, that's roughly $29,250 in probate fees — before legal and administration costs. Planning strategies like beneficiary designations, joint ownership, and alter ego trusts can legally reduce the assets subject to probate.
For most Canadian residents with US bank accounts or investment accounts, a properly drafted Canadian will that includes appropriate language may suffice — though US financial institutions often require specific documentation. However, if you own US real estate, a separate US will (or a revocable living trust) is generally advisable to avoid ancillary probate in the state where the property is located. US real estate is also subject to US estate tax for non-US persons above certain thresholds. We coordinate both sides.
A Graduated Rate Estate (GRE) is an estate that qualifies to use graduated personal tax rates (rather than the flat top rate) for up to 36 months after death. Since most estates earn income during administration — interest, dividends, capital gains — qualifying as a GRE can significantly reduce the tax paid on that income. To qualify, the estate must be designated as a GRE on the first T3 return. Proper, timely filing is critical — once the window closes, you cannot go back.
If the RRSP has a named spouse or common-law partner as beneficiary, it rolls over to their RRSP tax-free. If the beneficiary is a financially dependent child or grandchild, special rules apply. If the estate is named as beneficiary — or there is no named beneficiary — the full RRSP value is included in the deceased's income in the year of death and taxed at marginal rates. This is one of the most significant tax events an estate can face. Named beneficiaries are critical, and must be reviewed regularly.
Yes — executors can be held personally liable if they distribute estate assets before all debts and taxes are paid and a CRA clearance certificate is obtained. If CRA later assesses additional taxes and the assets are already distributed, the executor may be personally on the hook. This is why obtaining a clearance certificate before final distribution is not optional — it's essential protection. We handle this process and ensure executors are protected before the estate is closed.

Your Wishes. Protected.
Your Family. Provided For.
Your Estate. Handled Right.

Whether you're starting your estate plan, updating documents after a life change, or navigating the administration of a loved one's estate — we bring the precision, sensitivity, and expertise this work demands.

(647) 528 0200 info@bobbyfinancials.ca ON & NY