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How to Export Pour-Over Will

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In this episode of 2 Minute Tuesday, the focus is on pour-over wills. The speaker explains that people may have a pour-over will instead of a last will and testament if they have a revocable living trust. The pour-over will serves as a catch-all, ensuring that any assets not included in the trust at the time of death are transferred into it. This approach is typically used to avoid the probate process, which many wish to circumvent for their family’s benefit. The video aims to clarify the purpose and utility of pour-over wills in the context of estate planning.

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Is it better to have a will or a trust in Canada?

The terms of a trust are more legally binding than those of an ordinary will, which can be challenged in a court of law as to whether it fulfills the deceaseds moral obligation. A trust also allows you to avoid the probate process, where the contents of your will are made publicly available.

What happens to a Henson trust after 21 years?

The accumulation period is the period of time that a Trust may legally accumulate income in the Trust. In Ontario, the accumulation period is currently 21 years. After 21 years, any income must be paid out in the year it is earned.

What is the 21-year-rule for testamentary trusts in Canada?

21-year deemed disposition rule Every 21 years, a trust must report all accrued capital gains on all assets held by it and there will be a deemed disposition of all capital property held within the trust, thereby triggering taxable capital gains.

What is an example of per Stirpes?

Per stirpes, Latin for by branch, refers to every person down a family tree beginning from another person. For example, everyone below a parent, such as their children and their great-grandchildren, is included in a branch.

What is 21-year-rule?

The 21-year-rule is a tax rule that affects both testamentary and inter vivos trusts. It provides that the trust will be deemed to have disposed of its capital property at fair market value every 21 years.

What is a pour out will?

A pour-over will is a type of will that works in partnership with a living trust. Its designed to catch property you didnt put in your trust during your lifetime letting the court know you want these assets transferred to your trust after you die.

What is the 21 year rule for family trusts in Canada?

The 21-year rule The main downside is the 21-year deemed disposition rule. Under the Income Tax Act, trusts are generally deemed to dispose of their property 21 years after their creation. The trust is considered to have sold all its assets at once, and all the unrealized gains on the trust property are taxed.

What happens to a family trust after 21 years?

The 21-year rule The main downside is the 21-year deemed disposition rule. Under the Income Tax Act, trusts are generally deemed to dispose of their property 21 years after their creation. The trust is considered to have sold all its assets at once, and all the unrealized gains on the trust property are taxed.

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