Ontario Estate Planning Package

Prepare an Alter Ego Trust Deed with this easy-to-use template, pursuant to the provisions of the Income Tax Act (Canada).

• An alter ego trust can only be created by an individual aged 65 or older.
• The individual has the exclusive right to receive all income from the trust.
• During the settlor's lifetime no person other than the settlor may receive or otherwise obtain the use of any part of the trust's income or capital.
• Upon the settlor's death, the trust will hold any remaining assets for the benefit of other beneficiaries named in the Trust Deed. The trust will be able to distribute those assets to the other beneficiaries without the assets having to go through the probate process.
• This Alter Ego Trust Deed template is governed by Canadian tax laws.

Keep your estate assets out of probate by setting up a living trust under this Revocable Trust Deed form for Canadian residents.

• The trust can be used to hold many kinds of assets including cash, real property, personal property, stocks and bonds.
• The trustees can use cash held in the trust fund to pay taxes, mortgage payments, maintenance and other costs associated with any real estate properties that form part of the trust assets.
• The beneficiaries can use and enjoy any real property held in trust until the division date (i.e. the date on which the trust assets are distributed and the trust is wound up).
• The trustees are authorized to divide and distribute any share of the trust in order to ensure that taxable capital gains required to be paid by the trust are kept to a minimum.
• The trustees are given specific instructions for handling payments to be made to minor beneficiaries or beneficiaries who are incapacitated.
• Trustees must disclose any potential conflict of interest and refrain from voting on any decisions which may put them in a position of conflict.
• The trustees are indemnified and held harmless against claims and losses arising from their acting in good faith as a trustee.
• This is a revocable trust which can be revoked by the trustees in their discretion.
• The package includes:
  • a Consent of Trustee form which should be signed by each trustee and successor trustee at the time they accept the appointment,
  • a Resolution of the Trustees to establish the trust,
  • a Trustees Register.
• Available in MS Word format.
• The Trust Deed template can be used in most provinces and territories of Canada. Some jurisdictions, such as Quebec, may require a French translation.

Learn about the trust structure in Canada in this free expert guide.

The guide provides an overview of the structure of a trust, the advantages of a tax structure as a vehicle for income splitting and tax planning for residents of Canada, and the characteristics of specific types of discretionary trusts, such as:

• spousal (family) trusts;
• trusts for minor children;
• trusts for adult children;
• trusts for long-term maintenance of a handicapped child;
• spendthrift trusts.

The Trust Structure in Canada is information for Canadian residents and is copyright by the author.

This Executorship Questionnaire for Canadians will help you choose executors and personal representatives as part of your estate planning process.

• Complete the detailed 14-page questionnaire form with all the pertinent information you need in order to choose the people who will administer your estate after your death, or act on your behalf if you become incapacitated, including: an executor, trustee, guardian for minor children, and attorney under an Enduring Power of Attorney.
• The form also includes instructions for preparing estate planning documents: (will, power of attorney and advance medical directive).
• No need to buy multiple copies for different family members - purchase one copy and use it as often as you like.
• This form is downloadable and fully editable. Available in MS Word format.
• Intended to be used only in Canada.

Download this free Preamble to a Will made in contemplation of the testator's impending marriage.

• Under most legislation in Canada, if you make a Will before marrying or entering into a civil union, the Will is automatically revoked when you marry, unless you specifically state that you are making your Will in contemplation of marriage.
• This Will preamble can be used in all provinces and territories of Canada EXCEPT Quebec.
• Available in MS Word format.
• Intended to be used only in Canada.