Trust planning is often a missed opportunity for most Canadians. Although trusts have been available in Canada for quite some time, it was not until quite recently that our country collected enough wealth to take advantage of trust law.
For countries with an extended history of prosperity, such as the United States and Britain, trusts have been in use for hundreds of years.
Trust Planning is an effective and viable alternative to more traditional methods of transferring wealth to loved ones. When applied under the right conditions, trusts can offer a remarkable sum of benefits. Essentially, a trust is a legal relationship that maintains ownership of an asset on behalf of a beneficiary. Unlike a will, a trust may provide a family with taxation, matrimonial and credit protection.
In addition, your wishes and estate are held privately. With the assistance of a qualified Trust and Estate Practitioner, trusts can be tailored to fit you and your family’s specific requirements.
Client Challenge: A couple in their late fifties bought a piece of lakeside property with the intention of building a cottage to enjoy with family during their retirement years. The real estate agent estimated that upon building the structure, the value of the property would double, thus resulting in a substantial capital gain. The couple had envisioned that their cottage would be a source of enjoyment for their children and grandchildren long after they passed. However, upon their passing, a huge amount of tax would be owed on the cottage. Should the estate be unable to absorb this immense cost, the couple’s family would run the risk of losing the property entirely.
Creative Solution: In order to avoid the capital gains tax, the clients’ cottage was put into trust. By effectively deferring the tax burden to the next generation by way of trust, the asset will be effectively protected for generations to come.