Tag: probate

“My parent has more money than they’ll ever need!”

RobHLeave a comment

Disclaimer: I’m not a tax expert, accountant or lawyer. My only expertise comes from being the financial caregiver to my late parents.

Say you’re the financial caregiver for your parent1. And you have come to the realization that they are going to die with a large estate. Maybe they have a good work pension. Maybe they have sold their principal residence and their monthly expenses would take 86 years to eat through the assets. Maybe they have both.

I’m going to make the assumption that your assessment is sound. That your parent does, in fact, have more money that they will need for what is left of their life2. I’ll go one further and make the assumption that your parent isn’t so keen on leaving a big legacy to the CRA. So what should you look out for?

Asset = part of estate = subject to estate tax

Anything of value (property, stocks/ETFs, GICs, art, furniture, cars, cash) owned by the parent at time of death becomes part of the estate, and is therefore subject to the “estate administration tax3” aka “probate tax”. And this money becomes frozen until the courts grant probate, something that takes months, if not years.

One way to dodge some of this probate tax is to name beneficiaries for TFSAs and RRIFs. Assets inside accounts set up this way will not be subject to the estate administration tax, and will not get tied up in probate court. But do be careful — a RRIF that flows to beneficiaries will still attract the same tax time bomb mentioned below, and this has to be taken into account because in my case, no tax was withheld!

RRIFs are a tax time bomb

Recall that RRIFs4 are just RRSPs in reverse: the RRSP is the growth phase, the RRIF is how you shrink it. And recall that RRSP contributions subtract from your taxable income in the year you make them. Did you think the government was going to let you pay no tax forever on that subtracted income? Of course not. That’s why RRIF income is treated as, you guessed it, income in the hands of the RRIF owner, and is taxed the same way as any income5.

Annual RRIF payments can be as large as the RRIF owner likes. Payments above the minimum6 attract witholding tax, which is normal, if you think about it. Taking out more the minimum can allow for some tax avoidance. Why? Taking a small tax hit for a few years is almost certainly preferable to the big tax bomb that happens when a parent dies with a large RRIF remaining. The parent in this situation will be assumed to have taken the entire RRIF as income on the day of death. If the RRIF is large, then you’ll be dealing with tax at the top rates7. By spreading out the RRIF income over a few tax years, you should be able to make the income small enough to avoid the top tax bracket; otherwise you’re not really saving much of anything. That will take some finessing.

Donate shares from non-registered accounts to charity

If there are ETFs or stocks held in non-registered accounts, the tax treatment of donated shares is quite generous. Not only do you get the charitable credit based on the market value of the donated shares, you avoid any capital gains tax. Larger charities accept stock donations, but if they don’t, you can also make use of a service like Canada Helps.

Give money away

Giving money to a charity generates a tax credit, which is good. Giving money to children, friends, relatives, strangers — also good. Gifts are tax-free for the giver and the recipient. Gifting houses or stocks is less good since doing this results in what CRA calls a “deemed disposition” meaning that CRA treats the gift as though your parent had sold the asset first, attracting the usual capital gains.

Of course, to give money away, you either have to have cash on hand, or you have to take it from the RRIF (where it’s treated as income to the parent who owns the RRIF), or you have to take it from non-registered accounts (where you may have to sell assets and attract capital gains), or you have to take it from the TFSA (which is effectively problem-free, other than you can’t put the money back in the same calendar year).

  1. I’m going to make this article simpler by assuming there’s one parent remaining. ↩︎
  2. Getting this wrong would be catastrophic on so many levels. Take care here. ↩︎
  3. In Ontario estates <$50k pay nothing. After that it’s $15 of tax per $1000. ↩︎
  4. I covered RRIFs over here. ↩︎
  5. Yeah, ok, you can split RRIF income with your spouse and this can help you avoid higher tax brackets. In my case, my spouse and I have RRIFs that are about the same size, and therefore generate about the same annual income. ↩︎
  6. The mimimum is calculated at the start of the year based on the size of the RRIF and the age of the RRIF owner. ↩︎
  7. in Ontario, in 2026, you hit the top rate of 53.53% for income over $258,482 per https://www.taxtips.ca/taxrates/on.htm ↩︎

Do this TODAY with your RRIF, RRSP or TFSA

RobH5 Comments

Disclaimer: I’m not an accountant and I’m not a lawyer. Consult a professional if desired.

Summary: Make sure your RRSPs, RRIFs and TFSAs have named SUCCESSORS or BENEFICIARIES to save those who survive you time, effort and money.

The CRA lets RRSPs, RRIFs and TFSAs of a dead person pass to other people without tax penalties. But the account(s) have to be properly set up. Make sure they are! It only takes a moment.

The CRA does like us to pay taxes. But they are not completely heartless. They’ve set up the concepts of successor annuitant (for RRIFs), successor holder (for TFSAs) and “Beneficiary” (for RRIFs, TFSAs and RRSPs) to help lower the tax burden of someone who has died.

A “Successor Annuitant” for a RRIF basically takes over the account of the dead person. This can only be a spouse. This is similar conceptually to the named successor holder of a TFSA. The benefits?

  • There’s no sale of the assets of the RRIF/TFSA unless desired; everything can pass “in kind” to the successor
  • The successor does not take a tax hit1 (although the dead person does in the case of a RRIF/RRSP2)
  • The funds are not considered part of the estate, which means these funds will avoid probate. That’s good because you won’t have to pay the estate administration tax (aka probate fees) and access to the funds is MUCH quicker since you don’t have to wait for probate to be granted (a months long process, typically)

A “Beneficiary” is someone who gets the money in the accounts. This can be anyone. Or even more than one (e.g. the children of the TFSA holder or children of the RRIF holder). The same benefits apply

  • The named beneficiary or beneficiaries don’t take a tax hit
  • The funds in the TFSA/RRSP/RRIF are not part of the estate

Both the “successor Annuitant” and the “Beneficiary” are set up at the account level by your financial service provider (e.g. your bank, your broker) usually set up at the time the account was created. (Remember those long forms you had to fill out when you first opened a TFSA, RRSP or RRIF? It was on the application form). These can of course be changed at any time. One common situation where a change is warranted is after the death of one spouse — this would be a good time for the surviving spouse to name their children as beneficiaries of their RRSP/RRIF/TFSA.

The actions you should take? Call up the people who manage your RRIF/RRSP/TFSA and make sure that:

  • If you’re the holder of a RRIF/TFSA, are married, and intend to give everything you own to your spouse, make sure you name your spouse as the SUCCESSOR
  • If you’re the holder of an RRSP, are married, and intend to give everything you own to your spouse, make sure you name your spouse as the BENEFICIARY
  • If you’re the holder of a RRIF/TFSA/RRSP and don’t have a spouse, or want to name someone other than your spouse for the funds, then make sure they are named as a BENEFICIARY

This only takes minutes, and can save those who remain after you’re gone time, effort, and money!

  1. Not 100% true. The recipients have to pay tax on the gains made by the holdings between day of death and the day of liquidation. ↩︎
  2. For RRIFs, this is true. Put simply, under tax rules, the dead person is considered to have sold the entire RRIF on the day they died and must declare it all as income. ↩︎