Your Last Will & Testament (or Primary Will) is one of the most important documents that you can have. It provides instructions for what is to be done with your personal assets once you pass away. Assets covered under your Will include real estate, personal savings, shares of public companies, mutual funds, RRSP/TFSA assets, motor vehicles, chattels, and sentimental items. If you do not have a Will when you die, your assets may not go to the people you intended them to go to. Worse still, the distribution of your assets is in the hands of the government.
A Secondary Will (or Corporate Will) is an estate planning tool that is used to minimize probate tax on the death of an owner of shares in a privately held company. Without a Secondary Will that specifically states what is to be done with your privately held shares, probate tax will be paid by the estate when these shares are transferred following death. The Secondary Will allows you to transfer the shares legally to a beneficiary without being subject to probate tax, which is calculated based on the fair market value of those shares at the time of death.
To avoid errors that could cost you and your family, a Primary and Secondary Will should be drafted by a lawyer.
Our lawyers understand the wills & estate planning process and can evaluate your unique situation to arrive at a solution that works for you. We’ll work right by your side to safeguard your wishes and protect the people who matter most to you.
Our legacy comes from helping you leave yours. Our real legacy is you.
If you need any help, please feel free to email us and we’ll get in touch with you to determine if we can help you achieve your goals.
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