Your estate plan works exactly once. There is no second attempt.

At death, the Income Tax Act treats most of what you own as if you sold it the moment before you died. Investments, private company shares, real estate outside your principal residence: all of it is deemed disposed at that moment, and any gain becomes taxable income in your final return. Registered accounts are treated even more plainly. The full value of your RRSP or RRIF is added to your income in the year you die, unless it passes directly to a spouse.

Most people assume their will handles this. A will directs where assets go. It does not, on its own, reduce what is owed before they get there.

The Gap

You likely have the pieces in place already. Each one does its job on its own.

What they rarely do is work together as a single plan for what happens at death. A document that has not been reviewed in years. No plan for what happens to the business. Assets moving through probate when they did not need to. Individually, each gap is manageable. Together, at the wrong moment, they compound.

What it costs,approximately

These are approximate Ontario figures and should be confirmed with your accountant before you rely on them for planning.

53.53%

Registered funds such as RRSPs and RRIFs: taxed at your full marginal rate in the year of death, roughly 53.53 percent at the top bracket.

27%

Capital gains on non-registered investments, real estate, or private company shares: roughly 27 percent.

1.5%

Ontario Estate Administration Tax, commonly called probate: roughly 1.5 percent on estate value above the first 50,000 dollars.

Two Paths

Without a coordinated plan

Your estate pays tax on registered accounts, capital gains, and possibly corporate shares, often at the least efficient rate available. Assets that could have passed outside your will go through probate instead. Your executor discovers the gaps after you are gone, when nothing can be adjusted.

With Wealth Defence

Your lawyer, accountant, and advisor work from one coordinated plan. Rollover provisions, beneficiary designations, and corporate structures are reviewed together, before they are needed, so your estate is settled the way you intended it.

“A will tells people where your wealth goes. It does not, by itself, decide how much of it survives the trip.”

Where the plan works

01

Spousal rollovers

Property left to a spouse, outright or through a qualifying trust, can defer the tax on capital gains and registered accounts until the second death. This is often the single largest lever available, and it is frequently underused.

02

Assets structured to bypass probate

Beneficiary designations on insurance and registered accounts, and in some cases alter ego or joint partner trusts for those over 65, can move assets outside your estate entirely, avoiding both probate tax and delay.

03

Post mortem planning for corporate shares

If you own shares in a private company, the standard tax treatment at death can result in double taxation without specific planning completed in the year following death. This window is time limited and easy to miss without coordination between your lawyer and accountant.

04

A will that reflects your life today

We recommend a full review at least every three years, and sooner after a marriage, a business change, or a significant shift in your family.

Related

Keep more of what you’ve built while you’re still here to enjoy it.
Turn a taxed asset into a tax advantaged one.
Real tax wins while you’re alive, not just at death.

Start with a conversation about what you’ve built,and what’s protecting it.