Administrator: A
court-appointed individual who administers the estate in
scenarios where there is no will, an executor was not
named in the will or all named executors have died or
are unwilling/ unable to act.
Alter ego trust:
A trust created after 1999 by an individual who is at
least 65 years old, for the individual's exclusive
benefit. Until the individual's death, no other person
may receive or otherwise obtain the use of trust income
or capital. To read about alter ego trusts and their tax
consequences,
please click here.
Beneficiary:
A person (or organization or charity) who receives a
benefit (such as a life insurance policy or annuity) or
gift under a will.
Capital gain:
Profit realized when an asset (such as stocks, bonds or
real estate) is sold or otherwise disposed of. Such a
gain will often result in tax consequences. Currently,
50% of the capital gain is taxable.
Codicil:
A properly witnessed, written change or addition to a
will, usually used for relatively minor revisions.
Discretionary trust:
A type of trust where the trustee can control the
allocation of income and capital to beneficiaries.
Estate:
The sum total of an individual's assets. Can include
items such as monies, personal property, business
interests, receivables, etc.
Estate planning:
The process of arranging the efficient transfer of an
individual's assets at the time of his death to his
chosen beneficiaries.
Executor/Executrix:
The person(s) or institution appointed to administer an
estate in accordance with the terms and conditions of a
will. For an article on choosing an executor,
please click here.
Fair market value:
The price of an asset sold by a willing vendor to a
knowledgeable purchaser, neither party being under
duress.
Family trust:
A living (inter vivos) trust set up by a parent or
grandparent for other family members to lessen income
taxes and transfer property upon death. For 10 reasons
to use a family trust,
please click here.
Fiduciary duty:
An individual or institution having a lawful
responsibility to act in the best interests of another
party.
Guardian:
The person(s) appointed in a will or by the court to
take custody of minor children and their assets in the
event of their parents' death or disability. For
individuals with young children (or a dependent with a
mental or physical disability), naming a guardian is
highly recommended.
Holographic will:
A will written completely in the handwriting of the
person making it, signed and dated, but not witnessed.
May not be a valid will in some jurisdictions.
Inter vivos trust:
This type of trust is created during the lifetime of the
settlor (the person creating the trust). Also known as a
living will.
Intestate:
A person who dies without a will. A partial intestacy is
where a valid will does not address the entire estate.
Issue:
All persons who are descended from a common ancestor. It
is broader than the term "children," which is limited to
the one generation.
Joint tenancy:
A form of joint ownership of assets where the death of
one of the joint owners results in the immediate
transfer of ownership of the asset to the surviving
joint owner or owners. This transfer is deemed to have
taken place at the time of death.
Legacy: A
gift of personal property or money given by a will. Also
known as a bequest.
Net worth statement:
Balance sheet showing what an individual owns (assets)
versus what he owes (liabilities). To access your own
printable net worth worksheet,
please click here.
Personal net worth:
A person's total assets, less total liabilities. The
difference is their equity. To do a quick personal net
worth calculation,
please click here.
Power of attorney:
A legal document that grants one person the authority to
act on behalf of the person granting the power of
attorney on various matters. For an introduction to
powers of attorney in Canada, including a sample power
of attorney,
please click here.
Probate:
A court declaration that certifies the validity of the
will. It also confirms the executor(s) named within. For
a list of probate tax rates by province,
please click here.
Settlor:
The individual who establishes a trust.
Spousal trust:
A trust under which the settlor's spouse (and nobody
else) is entitled to all of the income for his or her
lifetime.
Testamentary trust:
A trust created under a will that only takes effect
after death.
Testate:
The name given to a person who dies with a valid will,
or the act of dying with a valid will.
Testator/Testatrix:
The person who has made a will.
Trust: A
legal structure in which one person (the settlor)
transfers legal title to a trustee to manage the
property for the benefit of a person or institution
(beneficiaries).
Trustee:
A person or a trust company responsible for
administering assets on behalf of someone else. The
trustee takes legal title to the trust property and is
required to follow the terms of the trust. Settlors may
name joint or co-trustees, who exercise equal authority.
Will: The
legal statement of a person's (testator's) wishes
concerning the disposal of his or her property after
death. For an introduction to wills in Canada,
please click here.
Courtesly of
www.advisor.ca
Estate Planning Glossary
Alex Doulis