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On Death & Tax | Exemptions & Benefits
by Don Anderson, P.Eng., C.L.U.
Feb 2026​

Perspective


In Canada, an individual's passing can cause their estate to face multiple taxes and fee.

Probate fees of the estate value
(1.4% in BC), while a deemed disposition of assets at fair market value can trigger capital gains taxes. 


Several automatic tax exemptions can minimize or eliminate estate tax, while properly planned life insurance can help an estate 
meet its financial obligations.

Proper structuring and informed professional advice remain essential to maximize the benefits and enable f
amilies, employees, and beneficiaries to enjoy a smoother transfer of wealth and treasures.

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Personal Considerations


For married and common-law couples, the spousal rollover allows most assets to transfer at the adjusted cost base (ACB), deferring tax until the surviving spouse's death or later disposition. This preserves wealth across generations.

The principal residence exemption provides full tax-free treatment on the disposition of a qualifying home. It applies to one residence only, with flexibility to designate the most advantageous property.

Personally owned Canadian life insurance delivers significant advantages. Personally owned life insurance policies pay tax-free death benefits directly to beneficiaries, bypassing probate, offering both privacy and rapid payment. ​The on-demand injection of a life insurance payout into an estate gives immediate, tax-free liquidity to help the estate meets it's tax obligations.

Charitable giving by the estate, through the donation of shares or naming an admired foundation as a life insurance beneficiary, can create purpose, meaning, and a direct application of estate funds.
 

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Private Company Ownership


Owners of qualified small business corporation (QSBC) shares benefit from the lifetime capital gains exemption, sheltering up to $1.25 million (as increased in recent updates and applicable in 2026) of gains, provided strict Income Tax Act conditions are met. Utilizing this lifetime benefit can be ideal for entrepreneurs planning succession.

Each corporately owned life insurance policy pays the death benefits directly to corporation, tax-free, which also creates a capital dividend account (CDA) credit, enabling tax-free dividends to the shareholder's estate. The on-demand injection of a life insurance payout into the corporation can give immediate, tax-free liquidity to the deceased owner's estate. These well-timed monies help the estate meets its obligations, while keeping the company employees and investments in place for a smooth succession.

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Copyright 2026 - Legato Wealth Management Inc. 

  • Home
  • About
    • Mission & Principles
    • Our People
    • Strategic Relationships
    • Community
    • Learning & Connecting
    • Contact
    • Meeting Legato >
      • Pre-Application Review
      • Application Process
      • Meeting Checklists
      • Parking
    • Premium Deposits
  • Advice
    • Our Process
    • Protect & Prepare
    • Investing in Life Insurance
    • Pro Plan
    • Philanthropy >
      • My PAR Gift
      • What Is My PAR Gift
      • My PAR Gift - FAQ
    • Policy Search
    • Will Search
  • Articles
    • Tax Free on Death
    • Be The One
    • Part 1: The Estate Freeze
    • Part 2: Investing For The Estate Freeze
    • Unlocking Intergenerational Succession
    • Freeze, Fund, & Feature
    • Tax Apportionment in Estate Planning
    • Beneficiary Designations and Resulting Trusts Revisited
    • Part 1: Legacy Gifting Private Company Shares
    • Part 2: Legacy Gifting Private Company Shares
    • Reduce Estate Shrinkage
    • Take Time For Your Legacy
    • Take Five
    • Look Across
    • Lest We Forget
    • Retirement Income
  • Onboarding