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The Go-To Estate Planning Checklist in Canada — Protect Your Legacy

November 12, 2025

Estate planning may not be at the top of your mind when you’re thinking about your future. But here’s the truth: having a clear estate planning checklist helps make sure your wishes are honoured, your family receives the care they need, and your assets are safeguarded. Whether you’re preparing for retirement, supporting aging parents, or […]

Written by Christine LaLiberté

The Go-To Estate Planning Checklist in Canada — Protect Your Legacy

Estate planning may not be at the top of your mind when you’re thinking about your future. But here’s the truth: having a clear estate planning checklist helps make sure your wishes are honoured, your family receives the care they need, and your assets are safeguarded.

Whether you’re preparing for retirement, supporting aging parents, or simply want to avoid leaving your loved ones with unnecessary stress, this checklist can help you.

Let’s walk through a practical estate planning checklist tailored for Canadians—so you can feel confident that nothing important is left out.

What “Estate Planning” Really Means

If you only remember one thing, remember this: a will is one document, while an estate plan is a whole system.

Your will covers “who gets what” after you die.

Your estate plan also prepares for incapacity, clarifies health wishes, arranges guardianship for minor children, coordinates beneficiary designations (which can override your will), and sets out tax-smart ways to transfer wealth—sometimes while you’re alive.

Think of your estate plan as a playbook for three moments:

  1. While you’re alive and well (organizing ownership and beneficiaries).
  2. If you’re alive but incapacitated (who makes financial and health decisions).
  3. After you pass (how your estate is settled—ideally smoothly, quickly, and with minimal tax and probate costs).

Quick Canadian Terminology Check:

  • “Executor” (BC & most provinces) = “Estate Trustee” (Ontario) = “Liquidator” (Quebec).
  • “Health directive” may be called a Representation Agreement (BC), Personal Directive (AB), Advance Health Care Directive (NL), etc. The concepts are similar; the forms and names differ.

7 Key Items for Your Estate Planning Checklist

1) Your Will

Your last will appoints an executor/estate trustee to settle your affairs, names guardians for minor children, and directs how assets are distributed.

There are a few ways people can go wrong here…

Sometimes, people have outdated beneficiaries on their RRSPs/TFSAs and insurance policies. These bypass your will, so if you forget to update them, your plan can unravel.

Another mistake is not having alternates (executor, guardian, beneficiaries). Life happens, so you must name backups.

Finally, if your assets are located in multiple provinces or countries, your executor might need to take additional steps. When planning your estate, ensure you address cross-border issues early on.

To complete this step in your estate plan checklist effectively, consult a wills and estates lawyer (or a notary in Quebec) to ensure that provincial formalities (e.g., witnesses) are followed. You can also partner with an advisor to confirm the will aligns with beneficiary designations and titling.

2) Powers of Attorney

You’ll generally create two.

The first is a Power of Attorney for Property and/or Finances (sometimes “Enduring” or “Continuing” POA). This allows someone you trust to pay bills, manage banking and investments, and handle property if you become incapacitated.

The second is a Power of Attorney for Personal Care—the name varies depending on your province or territory. In this document, you assign someone to make health and personal care decisions on your behalf if you are unable to do so.

Pro tip: Choose capable and organized people who are willing to serve. Remember to tell them where to find documents and passwords, such as a Safety Deposit Box ora lawyer's office! It’s also important to name alternates in this step as well.

Speak to a lawyer or notary (documents), your wealth advisor (practical implications), and your family doctor (to discuss health preferences).

3) Health Directive (Living Will)

A health directive records your preferences for life support, resuscitation, pain management, and end-of-life care.

While it may sound like it’s a dramatic step to take, you’re being considerate. Think of it this way—you’re giving your family clarity when they need it most.

To make your health directive legally binding, consult a lawyer or notary for province-specific forms and visit your family doctor to confirm the document accurately reflects your health preferences.

4) Beneficiary Designations

Registered accounts (RRSP/RRIF/TFSA), pensions, group benefits, and life insurance often pay directly to the named beneficiary.

All of these tools can offer you several advantages, such as being faster, more private, and helping you avoid probate. Just ensure your designations are current and align with your will for everything to run smoothly.

We recommend that you:

  • Review after marriage, divorce, births, deaths, or significant financial changes.
  • Consider contingent beneficiaries and trusts for minors or dependents with special needs.

Speak with your wealth advisor and insurance specialist to review the necessary forms. Additionally, consult a lawyer to ensure your will aligns with your wishes and any trust terms.

5) Trusts

Trusts aren’t mandatory, so how do you know when they’re worth it and when they’re not?

For many people, they’re powerful tools if you:

  • Have minor children or beneficiaries who require assistance with managing their finances.
  • Want to reduce probate exposure and add privacy.
  • Have a blended family, own businesses, or real estate in multiple jurisdictions.
  • Want to stagger inheritances (e.g., age 25/30/35) or protect special-needs benefits.

Standard trust options you’ll hear about include the following

  • Inter vivos (living) trusts: created now; may help with incapacity planning and probate minimization.
    Testamentary trusts: created by your will, activated at death.
  • Special-needs trusts: protect eligibility for government programs while providing support.

An experienced estate lawyer and tax professional can help you set these up smoothly. Since trusts have important legal formalities and require ongoing tax filings, it's valuable to work with knowledgeable experts who can guide you every step of the way.

6) Digital Assets

List your accounts and access credentials. This may include details about your banking, investment portals, crypto wallets, cloud drives, social media, and even loyalty points.

Provide clear instructions: which accounts to close, memorialize, or transfer.

Store the list securely and provide your executor with a way to access it. A good option for this is a digital password manager with emergency access.

Speak with a lawyer (language for the will/POAs), wealth advisor (institution rules), and a tech-savvy contact that you trust.

7) Business & Succession

If you own a business or professional corporation, you should take extra steps to ensure your hard work isn’t lost.

Document who takes over day-to-day, who negotiates a sale, and how shares move. You should also align buy-sell agreements, insurance funding, and your will.

Finally, make sure your executor can easily access your books, banking information, and advisors whenever necessary.

In this situation, we recommend consulting with a mix of professionals, including a corporate lawyer, accountant, estate lawyer, and wealth advisor.

A Note on Tax & Probate

If you’ve ever googled “how to avoid estate tax in Canada on property,” you’re not alone. So, let’s talk a bit about that as well.

First, it's worth noting that Canada doesn’t have an estate tax like the U.S. When someone passes away, they're usually considered to have sold their capital property at its fair market value. This can lead to capital gains, which might include cottages, rental properties, or non-registered investments.

However, the principal residence exemption may reduce or eliminate tax on your home (rules apply).

Registered accounts are handled a bit differently. RRSPs and RRIFs are usually taxed as income when you file your final return, which might cause your estate to move into a higher tax bracket.

However, there are some helpful exceptions: with the proper paperwork, funds can be transferred to a qualifying spouse or, in certain situations, to a dependent.

You’ll also hear quite a bit about probate (sometimes called a grant of probate or letters of administration). This is simply the court process that ensures your will is valid and that your executor has the authority to act. Provinces do charge fees for this process, and although probate is often a necessary step, careful planning can help minimize the amount that needs to go through it.

Because these rules are technical and province-specific, it’s wise to run your plan past a tax professional, a wealth advisor, and an estate lawyer.

Take the Next Steps With a Wealth Advisor

If you’ve made it this far into our estate planning checklist, you’ve already done something most people put off for years: you’ve taken control.

Estate planning isn’t about doom and gloom—it’s about clarity, kindness, and confidence. When your wishes are written down, your beneficiaries are coordinated, and your decision-makers know what to do, you’re giving your family a roadmap instead of a jigsaw puzzle.

Ready to take estate planning seriously? Schedule a personalized consultation with our team.

At Insightful Wealth, we understand that estate plans aren’t one-size-fits-all. Your family dynamics, province-specific rules, assets, and charitable goals deserve a tailored approach.

During our free consultation, we get to know you so we can help you map your priorities, identify gaps, and provide a step-by-step action list tailored to your needs.

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This e-newsletter has been prepared by Christine LaLiberte and expresses the opinions of the author and not necessarily those of Raymond James Ltd. (RJL). Statistics, factual data and other information are from sources RJL believes to be reliable, but their accuracy cannot be guaranteed. It is for information purposes only and is not to be construed as an offer or solicitation for the sale or purchase of securities.

This newsletter is intended for distribution only in those jurisdictions where RJL and the author are registered. This provides links to other Internet sites for the convenience of users. Raymond James Ltd. is not responsible for the availability or content of these external sites, nor does Raymond James Ltd endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same privacy policy which Raymond James Ltd adheres to. Securities-related products and services are offered through Raymond James Ltd., member-Canadian Investor Protection Fund. Insurance products and services are offered through Raymond James Financial Planning Ltd., which is not a member-Canadian Investor Protection Fund.

ABOUT THE AUTHOR

Crafting Your Financial Legacy with Precision and Care

My journey in the financial sector began in 1988, starting from the ground up as a bank teller before quickly moving to pivotal roles that shaped my understanding of wealth management. Throughout my career, I’ve emphasized the importance of holistic financial planning, a philosophy that led to the founding of Insightful Wealth Group. This commitment has allowed me to guide high-net-worth individuals and families not just in managing their assets, but in creating financial strategies that align with their unique goals, securing their legacy for the future.
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