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Legato Legacy Planning Ltd.
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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.

The capital gains of all investments and assets at fair market value can trigger significant taxes immediately upon the passing of the investor(s). 
In addition, BC's probate fees of 1.4% on all assets must be paid by the estate. 



Life insurance "investments" create peace of mind to meet those estate obligations, financial goals, and charitable ambitions. For business owners, it's all about the CDA creating tax-free dividends.

Proper structuring of the investments, assisted by informed professional advice remain essential pre-mortem planning to enable f
amilies, employees, and beneficiaries to enjoy a smooth transition after a life passing.

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Our Process

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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Enhance Your Legacy

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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Investing for Success

Copyright 2026 - Legato Legacy Planning Ltd. 

  • 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