When making a will, some Ontario people want to have full control over what happens to their assets after they die -- even unreasonable control in some cases. Not all restrictions or conditions will be allowed by a probate court. A valid condition placed on an inheritance must be not only legal but also clear and possible. Estate beneficiary advice may be necessary when drafting a will.
Even without estate tax, there is a need for estate planning in Canada. For starters, there is a deemed disposition tax that is applied to the estate. Canada law requires that any investments be deemed as sold upon an individual’s death. Any capital gains from that deemed disposition must be reported in a final income tax return.