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Managing Estates with vulnerable beneficiaries
Using settlement annuities to safeguard inheritance and navigate the 21-year rule Published by Investment Executive November 13, 2025 Every couple of weeks, I get a call someone who has lost a parent and has been appointed executor of the estate. They explain to me that one of the estate beneficiaries — typically a sibling — struggles with a spending problem, a history of addiction, a mental health challenge, a cognitive disability or is in an abusive relationship. Sometimes
MICHAEL KULBAK
Nov 12, 20254 min read


Beware of Mirror Wills
Clients think they’re fine — advisors need to know that they can lead to unintended consequences Published by Investment Executive September 15, 2025 Mirror wills are a common phenomenon across Canada. Couples sign these nearly identical estate documents, leaving everything to one another. After the death of the surviving spouse, assets go to the children and/or other agreed-upon beneficiaries. Most couples believe they are being responsible when they sign these. It’s a simpl
MICHAEL KULBAK
Sep 14, 20254 min read


Non-resident beneficiaries holding inherited property in Canada
Both tax and administrative considerations need to be managed Published by Investment Executive February 18, 2025 As a trust and estate professional, I get a bit uneasy when non-resident beneficiaries inherit Canadian taxable property and start asking tax questions about their country of residence. Canada has tax treaties with over 90 countries, and it is impossible for me to have a clear understanding of the double-taxation nuances for all but a handful of them. I don’t alwa
MICHAEL KULBAK
Feb 17, 20254 min read


Help your Client Sell their Beneficial Interest in an Estate
Here’s your helpful guide to advising clients on a complex estate sales process Published by Investment Executive November 18, 2024 As a financial professional, it is essential to provide informed guidance to clients who are beneficiaries of an estate. In some cases, beneficiaries may not realize they have the ability to sell their interest in the estate prior to final or interim distribution. Clients may seek this opportunity when estate settlements are prolonged or when the
MICHAEL KULBAK
Nov 17, 20244 min read


Balance your client’s inheritances with hotchpot and release clauses
Ensure an equitable estate distribution among beneficiaries who received earlier gifts and advances Published by Investment Executive February 28, 2024 A hotchpot clause is a legal provision often found in a will that aims to ensure a fair distribution of assets among beneficiaries (usually residual) by considering any advances or gifts made to the beneficiaries during the testator’s lifetime. I created a tagline to help with the estate distribution calculation when a will in
MICHAEL KULBAK
Feb 27, 20244 min read
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