Tips and Traps for Handling Estates

Here are some common TIPS Canadians should consider when assisting family members with handling their financial affairs while alive. And some common TRAPS that may occur once an Executor is working on distributing the Estate assets to the heirs.

It is a common practice to have all of Mom's or Dad's bank accounts set up in joint name with an adult child. This allows the child to clear out the bank accounts when Mom or Dad passes, and to avoid Probate (Letters of Administration etc.).

However, this can lead to questions about how funds are handled and whether the heirs received the correct distributions - especially if there are several children or heirs involved.

TIP: Check with your financial institution regarding the account balance level where they would waive the requirements for Probate. This will vary by financial institution, and likely at the Branch level as well. It can often be in the $10,000 -$25,000 range.

The use of a Power of Attorney can be another tricky area. When you present a POA to your family member's financial institution, they have no way of knowing if it is being properly implemented. Many banks are now requiring that a third-party assessment of the Parent (or person who will be managed under a POA) prepare a report to verify that the POA is being implemented legitimately.

TRAP: Once a POA is in place, many changes may no longer be allowed, such as the opening of new accounts, signing off on new mortgage or reverse mortgage arrangements, changes in investment holdings or the purchase of new investments, or revising or changing a Will, etc.

When a family member dies, all financial accounts are frozen as of the date of Death. But many financial institutions, even when requiring a Probated Will, may make exceptions and allow withdrawals to help pay for items such as funeral expenses and Probate court fees.

TIP: Present the financial institution with invoices for the cost of funeral expenses and other necessary Estate costs, such as Court Probate fees, and it is likely the financial institution will allow payment from the Estate assets.

Deathbed Will changes are often done to update the individual's new goals. A recent situation arose where a client was diagnosed with cancer and given days to live. The client had his lawyer make changes to his Will while he was still mentally competent.

TRAP: If beneficiary designations on assets such as registered accounts, RRSPs, RIFs, TFSA, home title registration etc. are not adjusted to reflect changes in a will, then problems may arise after Death. Many financial institutions will follow the beneficiary designations on their records which may not be aligned with the very latest will instructions.

Therefore, Wills need to be coordinated with any applicable designations on a range of assets. In some cases, the Will's instructions will prevail and in other cases, it may not.

Many banks today are avoiding setting up an Estate bank account. This trend may be explained by the usual Regulatory hassles and the fact that the bank branch sometimes fails to retain the assets.

TRICK: In the absence of an Estate bank account to handle deposits after the Date of Death, or for cheques made out to the "The Estate of …….", you can speak to the bank Branch Manager and they may do a manual intervention to deposit those cheques into the regular bank account of your family member.

One of the challenges of dealing with the Estate of a loved one, is getting a proper reporting and disclosure from the Executor. We sometimes hear stories of Executors who do not provide a copy of the Will to the heirs or fail to prepare a proper Balance Sheet of Assets and Liabilities and so on.

While these situations are frustrating, heirs in most provinces have the option of filing a complaint with the Guardian's Office or Ombudsman's Office to enforce proper performance of the duties by the Executor. An Executor should know what their Duties and personal financial liabilities are if a government oversight authority is brought in to oversee an Estate. Ultimately, the Estate will pay the costs leading to less for all the heirs.

There are many more estate planning tips that we can cover in this one article. Call our office today with your Estate handling questions.


Copyright © 2023 AdvisorNet Communications Inc., under license from W.F.I. All rights reserved. This article is provided for informational purposes only and is based on the perspectives and opinions of the owners and writers only. The information provided is not intended to provide specific financial advice. It is strongly recommended that the reader seek qualified professional advice before making any financial decisions based on anything discussed in this article. This article is not to be copied or republished in any format for any reason without the written permission of the AdvisorNet Communications. The publisher does not guarantee the accuracy of the information and is not liable in any way for any error or omission.

What our clients are saying...

  • I appreciated feeling valued as a client. It was a pleasure to have uninterrupted meetings. The reports were very detailed and tailored to me and all the explanations were very clear. It was refreshing not to feel pressured into anything as I have felt in the past. My expectations are to have regular updates/check-ins to see how the market is doing and to discuss any strategies, opportunities that may be relevant to me. My experience with Anthony has been great. I would be happy to recommend him.

  • When working with a financial planner, my expectation is to work with someone who is responsive to changes and who can devise a path forward as we age for the benefit of ourselves and our children. I valued the depth of detail and explanation along with the disclosure of all the variables at play. I would certainly recommend Anthony to my family and friends!

  • I was looking for a financial planner who could provide clarity and show me the best possible way to structure and plan for my retirement. Anthony’s expertise was clearly evident. He is professional, punctual, and answered all my questions and concerns. I would definitely recommend Anthony to my family and friends.

  • We expect a Financial planner to be thorough, detailed and have a strong understanding of their clients' needs. It was a pleasure working with Anthony and his team. He delivered a tremendous package and reviewed his findings in great detail. Anthony's attention to detail, solutions, recommendations and in-depth reports provides a great deal of confidence in his recommendations. We would absolutely refer our family, friends and associates to Anthony.

  • I expect my financial planner to review and discuss my financial goals along with how my goals can be achieved. I valued Anthony reviewing my investments and the projections of what they will equate to when I reach my eventual retirement. Anthony has certainly met my expectations and I would be happy to refer my family and friends.

  • My expectation was to be provided with the best possible advice specific to my situation (as it evolves) and to be provided with objective, evidence-based solutions which will provide me with the maximum financial benefit (and peace of mind). I valued the very thorough process of gathering all pertinent information regarding my estate, pension, income and expenses in order to produce a very detailed and fulsome projection of my current and future financial situation. I really appreciate the time Anthony has taken to answer all of my questions and provide sound advice based on my goals and concerns. I am really looking forward to continuing my investment and financial planning journey with Anthony. I would certainly recommend Anthony to my family and friends!