TaxTips.ca
Canadian Tax and
Financial Information
What to do When Someone Dies

TaxTips.ca does not research or endorse any product   or service appearing in ads on this site.  Before making a major financial decision you  should consult a qualified professional.

Looking for US tax information?
See
USTaxTips.net

Need an accounting, tax or financial advisor? Look in our Business Directory.    

Home
What's New
Calculators
Personal Tax
Business
Sales Taxes
Free in 30!
Financial Planning
RRSP RRIF TFSA
Real Estate
Stocks Bonds etc.
Seniors
Disabilities
Canada
Alberta
British Columbia
Manitoba
Ontario
Quebec
Saskatchewan
Atlantic Provinces
Territories
Federal Budget
Provincial Budgets
Statistics etc.
Glossary
Site Map
Business Directory
Advertise With Us
Contact Us/About Us
Links & Resources


Financial Planning -> Wills and Estates -> What to do when someone dies

What to do when someone dies

When a person dies, there are many tasks to be performed.

The Canada Benefits web site, which is produced by the Government of Canada, provides a great deal of help in dealing with the many tasks to be handled in the event of a death.  Go to the Dealing with death page of the Canada Benefits site.

When executor, liquidator, or administrator fees are being paid out of an estate, the estate must register as an employer with Canada Revenue Agency.  This is the responsibility of the executor.  All applicable income tax, Employment Insurance premiums and Canada Pension Plan contributions must be withheld from the payment.  This only applies if the executor, liquidator, or administrator does not act in this capacity in the regular course of business.

Sponsored Advertisement

You should familiarize yourself with the responsibilities of the executor of an estate before accepting this position, or before dealing with any estate assets.

Canada Revenue Agency Resources:

bullet What to do when someone has died
bullet RC4111 What to Do Following a Death, which contains basic information that the family and legal representative should know to start settling the affairs of the deceased person.
bullet T4011 Preparing Returns for Deceased Persons
bullet T4013 T3 - Trust Guide
bullet Special Payments Chart - what types of payments are subject to CPP, EI and income tax withholdings.  However, executors and administrators of estates are not on this list, so see:
bullet Calculating deductions - elected or appointed officials

 

Estate and Will Information by Province

It is advisable to have your will reviewed occasionally by a notary or lawyer, in particular if the legislation in your province regarding has been revised in recent years.  A review can help to ensure that your wishes will still be upheld under the latest legislation.

Alberta

Dealing with death - Service Alberta

Wills and Succession Act - what's new - Alberta Justice
bulletnew Wills and Succession Act came into effect February 1, 2012
bulletgetting married no longer revokes a will
bulletgetting divorced or ending a relationship will revoke gifts to ex-partner

British Columbia

About wills and estates - BC Courts

BC Public Guardian and Trustee Estate Administration

BC Vital Statistics Agency Fee Schedule

Wills Registry Search - BC Vital Statistics

Your Duties as Executor - Canadian Bar Association BC Branch

Insurance Corporation of BC (ICBC) Checklist for Estate Transfers (pdf) of vehicles - Joint ownership with right of survivorship (JWROS) provides the simplest method for transferring the vehicle after death, and reduces probate fees.

Wills Act - in effect until March 31, 2014
bulletgetting married revokes a will

Wills, Estates and Succession Act - to come into force March 31, 2014
bulletreplaces 7 other acts
bulletfaster and easier to administer small estates (less than $50,000)
bulletnew legislation will not invalidate wills made before it comes into force, but will apply to the interpretation of existing wills
bulletexisting wills should be reviewed to ensure your wishes will be upheld
bulletgetting married no longer revokes a will
bulletthe revocation of gifts to an ex-spouse as the result of a divorce is extended to persons in marriage-like relationships of at least 2 years duration, so that if the marriage-like relationship breaks down, the gift in the will is revoked

Wills, Estates and Succession Act Guide - Courthouse Libraries BC.

Wills, Estates and Succession Act Questions and Answers (pdf)

Guide to the New BC Family Law Act - in effect March 18, 2013, redefines common-law relationships in BC

 

Manitoba

Family Law in Manitoba - Death in the family

Court of Queen's Bench Probate Division - Frequently asked questions

The Wills Act - in effect since June 30, 2004
bulletgetting married revokes a will, except in certain circumstances

 

New Brunswick

Probate Court - Frequently asked questions

 

Newfoundland and Labrador

Supreme Court:

Frequently asked questions - Probate and administration

Wills, Estates and Guardianship

Sponsored Advertisement

 

Northwest Territories

Probate, Administration and Guardianship Fees Regulations (pdf file)

 

Nova Scotia

What to do when someone dies

 

Ontario

What to do when someone dies

Wills, estates and trusts

Frequently asked questions about estates

Succession Law Reform Act
bulletgetting married revokes a will, except in certain circumstances

 

Québec

Dealing with a death

Wills

What to do in the event of a death

 

Prince Edward Island

InfoPEI - Death, dying and bereavement

 

Saskatchewan

Public Guardian and Trustee - Deceased estates

Court of Queen's Bench - Wills and estates

Making a will and administering an estate (pdf document)

Wills Act, 1996
bulletwill is revoked when the testator marries, or has cohabited in a spousal
relationship continuously for 2 years

 

Yukon

Office of the Public Guardian and Trustee - Publications

 

See also:  Probate Fees by Province

 

Tip:  Keep your will up to date, and ensure it complies with current legislation.

 

Revised: March 31, 2014

 

Copyright © 2002 - 2014 Boat Harbour Investments Ltd. All Rights Reserved  See Reproduction of information from TaxTips.ca

Facebook | Twitter | Google + | Monthly Newsletter Sign-up | What’s New E-mail Notification | RSS News Feed
The information on this site is not intended to be a substitute for professional advice.  Each person's situation differs, and a professional advisor can assist you in using the information on this web site to your best advantage. See our Business Directory for tax, accounting and finance-related firms in your area.
Please see our legal disclaimer regarding the use of information on our site, and our Privacy Policy regarding information that may be collected from visitors to our site.