Estate planning: always important, no matter the assets

15 November 2024 by La Presse National Bank
Marie-Soleil Lemieux and Geneviève Coupal, leaders at National Bank

With an aging population, Canada is preparing for an unprecedented transfer of wealth. “Nearly $1.3 trillion in assets will soon be passed on to the next generation,”¹ says Marie-Soleil Lemieux, President of National Bank Trust. For a successful wealth transfer, it’s essential to have an estate plan as well as a plan for incapacity. Here are a few examples that will show you why.

The original article was published in La Presse XTRA on September 24ᵗʰ, 2024.

Protection mandates

Definition: A protection mandate is a document that specifies who will take care of you and your property if you are no longer able to do so yourself.

You can choose one or more people to carry out these two roles, based on their skills and availability. “A protection mandate allows you to decide what you really want,” says Geneviève Coupal, Senior Advisor at National Bank Trust. “If you don’t have one, the law provides for certain basic measures that aren’t always suitable for everyone.”

Wills and estates

Definition: A will is a document that specifies what you want to pass on after your death, to whom, and when.

For example, a person might want to pass on a family business, or belongings with sentimental value, like a wedding ring. Then they would decide who should receive the rest of their property. “Review your will and update it whenever there’s a significant change in your family life or your finances,” says Geneviève Coupal.

In addition to choosing the heirs, you must also appoint a liquidator. This is the person who will carry out all the procedures required and distribute the property according to the wishes expressed in the will. However, some assets in an estate may be complicated to manage (e.g., a condo in Florida). “It takes time and may require travel. They must also be impartial and know how to manage potential family conflicts tactfully,” says Geneviève Coupal.

Testamentary trusts

Definition: A testamentary trust is a tool that can be used to manage and distribute an inheritance flexibly after the person’s death.

One or more trustees manage the assets and distribute the money according to the wishes expressed in the will, much like directors of a company. While there is a cost to setting up a trust, they offer a lot of flexibility in deciding how and when the money will be distributed. “Trusts are useful in a variety of situations. For example, they can be used to provide for an heir with special challenges, a second spouse, or children from an earlier marriage, or to bequeath assets over several generations,” says Geneviève Coupal.

Some pitfalls to avoid

People who think they know how everything works and don’t speak with professionals may miss out on opportunities or make costly mistakes. “There are lots of inheritance rules that are important to know to avoid unpleasant surprises and maximize the value of your estate after taxes,” explains Geneviève Coupal.

Estate planning isn’t just for the wealthy. Everyone should draw up a plan and review it on a regular basis. “When an estate is liquidated without a will, the process can end up being more expensive than drawing up a clear estate plan that makes it simple for your loved ones to carry out your wishes,” says Marie-Soleil Lemieux.

Choosing the right people

For the roles of mandatary, liquidator and trustee, choose people you trust who will be able to work with your loved ones while carrying out your wishes. “These are important responsibilities, and it can be a heavy burden,” stresses Geneviève Coupal. “To avoid any unease, it’s a good idea to have a discussion beforehand with your loved ones and the people you’ve chosen.”

“Above all, the first step should be an open conversation with your loved ones,” adds Marie-Soleil Lemieux. “These discussions can help clarify what’s really important, both for them and for you.” This will help ensure that your family and friends are more united and better prepared to respect your last wishes.

1 Investor Economics, Household Balance Sheet Report 2023

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