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Compulsory succession avoided It may be possible for your will to be contested after your death if you leave behind an unhappy family member or two An alter ego trust can avoid this problem by passing assets outside of your will The trust cannot be challenged nearly as easily Power of attorney replacement An alter ego trust can name a successor trustee and/or provide other direction in the event of your mental incapacity In this way, your property in the trust will be looked after if you can t handle it Privacy preserved When your will is probated, it becomes a public document, along with the value of your estate The alter ego trust offers privacy both before and after your death By the way, it s also possible to set up the same type of trust for you and your spouse or common-law partner jointly The same rules apply, except that both of you will be named bene ciaries of the trust and the deemed disposition at death will not take place until the second of you dies This type of trust is referred to as a joint partner trust rather than an alter ego trust but they re basically the same thing
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An alter ego or joint partner trust can be created after 1999 by those 65 or older There is no taxable disposition when transferring assets to the trust These trusts have four key bene ts: minimizing probate fees; avoiding compulsory succession; replacing a power of attorney; and protecting privacy
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Tim s Tip 103: Give to charity and save a bundle But do it properly!
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Let s face it, one of the joys of giving to charity is seeing your donations put to good use, so you may want to consider giving to charity during your lifetime And if you want to avoid probate fees, giving to charity today is going to help, since you ll no longer own those assets on the date of your death Having said this,
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making a donation upon your death could go a long way toward reducing any tax bill you might face at that time Regardless of whether you plan to make your donations during your lifetime, after your death, or a bit of both, why not give in a manner that s going to save the most tax There are three out-of-the-ordinary methods of giving to charity that I want to talk about
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The tax collector changed the rules in the 2006 federal budget to make it even easier to donate publicly traded securities to charity In fact, it now makes more sense to donate securities than cash in almost every situation when you have securities that have appreciated in value Our tax law will allow donations for up to 75 percent of your net income annually This increases to 100 percent in the year of death And if your donations exceed this amount in the year of death, the excess can be carried back and claimed in the year before your death up to 100 percent of your income in that year as well Now, consider an example to show how donating securities (stocks, bonds, mutual funds, and other securities) can work to your advantage
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$25,000 on the date she died, but she had paid just $10,000 for the shares a few years earlier These shares were deemed to have been disposed of upon Bernadette s death, which would have triggered a $15,000 capital gain and a tax bill of about $3,375 if she had not left the shares to charity Bernadette, however, left instructions in her will for her executor to donate these shares to her favourite charity after her death The result is that the $15,000 gain is not taxable at all! That s right, the $15,000 gain will not be subject to tax Normally, one-half of the gain would have been taxable under the usual capital gains rules To top it off, a donation credit will be provided based on the $25,000 fair market value of the shares This credit will be claimed on Bernadette s final tax return and will amount to about $10,000 in tax savings (varying slightly by province and income level)
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ernadette owned shares in XYZ Corporation on the date of her death XYZ is traded on the Toronto Stock Exchange, and the shares were worth
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