Estate Planning
An estate plan is the complete package of how you’ll provide for your family and loved ones while you’re living, and how you’ll transfer and preserve the value of your assets after you die and for your beneficiaries to receive the greatest benefit possible. It also helps ensure that your wishes for your estate are carried out.
A well-thought-out, well-executed estate plan will allow your loved ones to tie up the ends as timely and painlessly as possible. Speak to your accountant and your lawyer, discuss your goals with your partner and family, but most importantly, consider the advice of a financial advisor.
Estate planning, can go hand-in-hand with retirement planning — and you’re never too young to start preparing for retirement. By creating an estate plan today, you’ll save on taxes and fees later on.
Some questions to consider when setting up your estate plan are:
- Does your Will and estate plan effectively provide for an orderly disposition of your estate plan to all your intended beneficiaries?
- Can gifts made during your lifetime minimize probate fees?
- Have you confirmed your intentions regarding jointly owned property such as real estate, bank accounts, and investments so that clear ownership rights are established?
- Will establishing a trust for your spouse, children, or a charity help you realize tax advantages and preserve assets such as a business, cottage or family home?
- Do you have a plan to reduce or defer taxes that become payable at your death?
- Have you appointed a Power of Attorney?
- Are your life insurance benefits payable directly to your beneficiaries or to your estate to pay off liabilities or to provide income?
This article will address the significant role that Life insurance can play in your estate plan. It provides a solution to a wide range of potential objectives. In general, life insurance serves one of two purposes: either to create an estate for your heirs or preserve your existing estate. Generally, life insurance premiums are not tax deductible but the benefit paid to the estate (probate may apply) or a beneficiary (probate would not apply) is also not subject to income tax. Common uses of insurance include:
- Provide liquidity in an estate to pay off liabilities such as taxes or mortgages. This will ensure that non-liquid assets, such as a cottage or business, do not have to be sold, but can be left to your beneficiaries.
- Establish a fund to provide income for an individual you wish to support, such as your spouse, children or grandchildren.
- To make a donation to charity.
The basic types of Life Insurance are Term and Permanent
Term Coverage
Term insurance provides protection for a specific period of time. It pays out the benefit only if you die during the term of coverage. Term insurance is typically used to fund a short-term estate need such as paying off an outstanding mortgage, protecting the estate against an immediate shortfall or to prevent financial hardship by replacing lost income caused by the death of the life insured. This coverage is usually offered as a five-, 10- or 20-year term after which time it may be possible to renew the policy at a new premium rate. This coverage is generally the cheapest coverage to purchase if it will only be necessary for a short duration. If the coverage will be required for a longer period it may be less expensive to consider permanent insurance options.
Term to 100
Term to 100 coverage provides long-term protection in your estate plan. This type of Life Insurance coverage often has a constant annual premium throughout your lifetime with the annual premium being higher than that charged for a five-or 10-year term policy. This policy will remain in force as long as you pay the annual premiums, but if the premiums stop so does the coverage. This policy has no cash value.
Permanent Insurance
Permanent insurance provides protection for your lifetime. As long as you pay the premiums, the death benefit will be paid. The majority of these types of products have a cash value or cash-surrender value.
Whole Life
Whole life coverage is similar to Term to 100 coverage in that it is intended to remain in effect for your lifetime. In addition to the permanent insurance coverage, a whole life policy also includes a savings component. Therefore, the annual premiums you pay fund the insurance premium with the excess accumulated for the future benefit of you or your estate. Over a period of time the policy’s savings component will result in the accumulation of a cash value to the policy (referred to as a cash surrender value).
Universal Life
A universal life policy is a combination of term insurance and a tax-deferred saving’s component. Your premiums fund the insurance coverage with the balance invested in various investment options that you select. The premiums can be increased to raise the amount of tax-deferred savings (with some limitations) or reduced to simply cover the cost of the insurance coverage. Premiums may be suspended if sufficient cash value has been accumulated in the policy to fund the insurance coverage.
Insurance for Estate Planning Purposes
The use of Universal or Whole life insurance products rather than term insurance is the preferred option where the purchase of insurance is for estate purposes. Examples include having a life insurance policy that would cover estate taxes on death (capital gains generated due to the deemed disposition rules) or the ability to leave bequests without the advent of taxes payable. As with all insurance products that are geared towards estate planning purposes, a thorough cost-benefit analysis should be performed in order to assess the appropriateness of the strategy.
How much Insurance is enough?
The amount of coverage you require will depend on your estate objectives and current financial status. As you age, you may find that the level of coverage you require declines or perhaps changes from short-term to permanent coverage. Determining exactly how much and what type of insurance is most suitable for your situation can be best assessed through the preparation of a financial plan and the aid of a life-licensed advisor. The financial plan and a life-licensed advisor can help you in the determination of both short-and long-term needs in conjunction with your overall financial objectives.
Special RRIF Insurance
RRSP or RRIF assets, if not spent, are eventually taxed up to nearly 50% as an estate liability. This money will be lost to Canada Customs & Revenue Agency where there is no surviving spouse or dependent child or grandchild.
You may want to recover the tax liability on these assets or pass the equivalent of these pre-tax monies to your heirs. Where a spouse is currently living, a joint last-to-die life insurance policy can time the insurance to pay on the second spouse’s death to cover the final tax due on registered investments.
The benefit will pass tax-free to your heirs, or a charity designated as beneficiary, for the same amount which would normally be lost to Canada Customs & Revenue Agency in relation to taxes due on your RRSP or RRIF. With a little pro-active planning this can be accomplished.
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