Three siblings find themselves as the beneficiaries of their parents' estate, which encompasses multiple properties and investment accounts. The challenge lies in the equitable division of these assets. The parental wealth portfolio, comprising five properties, five cars, numerous bank accounts, and various wealth management accounts, is
intended to be divided into three equal parts, as per the parents' wishes. However, the task isn't straightforward due to varying asset values and differences in preferences regarding retention, sale, and different timeframes.
To address these complexities, a consideration arises for establishing a trust to consolidate all assets. The primary concern is ensuring equal distribution, especially if any assets are sold. Each sibling's name is
listed as the primary on assets, with the other two designated as successor beneficiaries.
The division of an estate between beneficiaries is a complex process. Wills often grant trustees discretion to manage and sell estate components as deemed fit. A trustee may also distribute specific assets to beneficiaries, allowing for flexibility in choosing assets of interest. However, given that the siblings' names are already on the properties and
accounts, they possess the freedom to make decisions.
Regarding joint ownership or selling of assets, selling and distributing the remaining cash to beneficiaries is a common practice after settling taxes and estate costs. If sentimental value is attached to real estate, direct distribution to multiple beneficiaries might be considered.
For continued joint ownership of real estate as investments, options include joint tenancy with the right of survivorship or joint tenants in common, providing control even after one sibling's demise. Alternatively, a
co-ownership agreement can be crafted to address potential disagreements or expenses.
While the idea of setting up a trust has been mentioned, it may be deemed burdensome and unnecessary due to associated legal and accounting fees. A more straightforward option could be to agree on selling the assets and
dividing the proceeds or choosing specific properties as part of the inheritance.
Considering investment accounts, which have a primary owner and successor holders, potential complexities arise in managing joint accounts. A suggestion is to divide the funds into individual accounts, providing autonomy
over investments.
Given the dynamic nature of life and changing intentions, the suggestion is made to reconsider holding all assets jointly. Naming each other as beneficiaries might not be the most optimal long-term approach. Exploring
the division of investments and potentially real estate, while seeking legal and tax advice, is recommended to navigate this intricate situation.
iA Private Wealth Inc. is a member of the Canadian Investor Protection Fund and the Canadian Investment Regulatory Organization. iA Private Wealth is a trademark and a business name under which iA Private Wealth Inc. operates.
This is not an official website or publication of iA Private Wealth and the information and opinions contained herein do not necessarily reflect the opinion of iA Private Wealth. The particulars contained on this website were obtained from various sources which are believed to be reliable, but no representation or warranty, express or implied, is made by iA Private Wealth, its affiliates, employees, agents or any other person as to its accuracy, completeness or correctness. Furthermore, this website is provided for information purposes only and is not construed as an offer or solicitation for the sale or purchase of securities. The information contained herein may not apply to all types of investors. The Investment Advisor can open accounts only in the provinces where they are registered.
Products and services provided by third parties, including by way of referral, are fully independent of those provided by iA Private Wealth Inc. Products offered directly through iA Private Wealth Inc. are covered by the Canadian Investor Protection Fund, subject to exception. iA Private Wealth Inc. does not warrant the quality, reliability or accuracy of the products or services of third parties. Please speak to your advisor if you have any questions.
All Rights Reserved | Right Direction Financial
Proudly built and managed by Sommer Digital Inc.