Article – Page 4 – Adviceon Library

To every life season plan for change

We will help you plan your financial needs throughout your lifetime. Your most valuable asset is your healthy ability to earn an income. By helping you select the right combination of life and disability insurance protection and wise investments, we can help you achieve financial success. When you have a mortgage or other large loan, term life insurance or critical illness insurance offers cost-effective ways to cover your outstanding debt if you die or suffer a critical illness.

Family Stage

• With children, your needs change –and reviewing your financial security plan is wise. RESPs offer an excellent vehicle to plan for your children’s educative future, and a low-cost life insurance policy can build cash for school.

Empty-Nest Stage

• When your children go to school or move out independently, it may be time to travel and enjoy your marriage. Perhaps you have wanted to visit Rome or take a university course. We will help you achieve these mid-life goals.

Retirement Stage

•When you’re 50 plus, you may want to partially or fully retire. We will help you assess your options.

Should every adult have a Living Will?

The Living Will (or Advance Medical Directive) is a document in which you state your wishes regarding the continuance or refusal of extreme medical care. It comes into play only if and when you cannot make those decisions yourself. If you become incapacitated, with no possibility of recovery from mental or physical disability, would you prefer to live or die? This hard question, once answered, will determine the directives you set forth in your Living Will.

Consider the following:

The same person may not be able to make both financial and health care-related decisions.
Decide what medical treatments and care are acceptable and for how long.
If you heart stops or you stop breathing do you want to be resuscitated?
If terminally ill, do you prefer to stay at home or be hospitalized?
Is special care affordable? Do you own Long-Term Care (LTC) or Critical Illness insurance?

Many government jurisdictions are writing new laws recognizing Living Wills. Even if not yet legally binding, a Living Will allows you to indicate your wishes providing guidelines for your family physician, family members and friends—those who would be asked to make health care decisions on your behalf.

Formulate your Living Will with a lawyer (or on your own) and discuss it with your potential decision-makers. Give each of them a copy, updated when necessary, for reference. Have at least two of them witness each copy.

The Living Will alleviates the heavy burden of deciding to allow a loved one to die. By setting forth your request in advance with a clear mind, you intentionally share in that great responsibility, thus lessening any feelings of fear, guilt or indecision that these people may have to face.

The Joy of Planned Giving

For centuries, people have made efforts to help the less fortunate. The singer of U2, Bono, has been involved in many issues throughout the years and supports erasing Third World debt to wealthy countries. Michael Jordan is involved with a variety of charities including the Boys & Girls Club of America, UNCF/College Fund, Special Olympics and organizations that support children and families. Bill and Melinda Gates focus on areas dedicated to improving people’s lives by advancing health and learning efforts in the global community.

You do not have to be famous and wealthy to get involved — everyone can! For a small monthly, tax-advantaged donation of $25 to $100, you can help a child through an NGO such as World Vision. There are many such Non-Government Organizations (NGOs) that help people worldwide when and where disaster strikes.

Planned Giving

Planned giving raises funds through a program of arranging regular systematic donations to serve the interests of a registered charity that best suits the personal, financial and tax situation of an individual donor. Via planned-giving programs, registered charities seek to attract substantial gifts by presenting potential donors with information and advice. You can include the following is your planned-giving program: bequests, annuities, life insurance policies, and residual interests or charitable remainder trusts. Segregated funds work well because they can guarantee the invested capital (plus any growth) upon the death of a donor.

Charitable remainder trust.

A charitable remainder trust involves transferring property into a trust whereby the donor retains a life interest in the property but makes an irrevocable gift of the residual interest to a registered charity. A registered charity can issue an official donation receipt for the fair market value of the residual interest in the property at the time that the residual interest vests to the charity.

How to donate a life insurance policy to a charity.

When an individual absolutely assigns a life insurance policy to a registered charity and makes the charity the registered beneficiary of the policy, the charity can issue an official donation receipt for the cash surrender value of the policy at the time of donation and for the subsequent payment of premiums.

RRSP as an enduring property.

Under the Income Tax Act, a charitable donations tax credit can be claimed on a deceased individual’s return for a donation via a direct distribution of his or her proceeds to a qualified donee who is the designated beneficiary of a registered retirement savings (or income) plan (RRSP/RRIF), a registered retirement income fund (RRIF), or a life insurance policy. Under the Act, a gift received by a registered charity by way of direct designation is a gift of enduring property.

Donating a Registered Pension Plan (RPP).

An individual can designate a registered charity as their beneficiary of a registered pension plan. A charity can issue an official donation receipt for lump-sum pension benefits paid to the charity.

Note: Ask your Advisor if any legislation has changed this.

Charitable Giving using Life Insurance

Generosity is for everyone. All it takes is a willing spirit and the courage to be used for something greater than ourselves. ¹

Permanent life insurance is a cost-effective way to make a much more significant contribution to the charity of your choice than would otherwise have been possible. Gifting a new policy or an existing policy can help the charity of your choice. Determine what charity aligns with your life purpose and will bring you the most satisfaction.

There are two effective methods to achieve this. One is an outright gift of a life insurance policy, making the charity the policy owner. The second is gifting the death benefit proceeds while you retain ownership.

1. Making the charity the owner of a life insurance policy

This strategy also side-steps some potential problems if such a legacy is made via your estate.

You purchase a policy on your life, making the charity the owner and beneficiary.
Only the charity can change the beneficiary.
The charity as the established owner of the policy mitigates any dispute over ownership by other heirs once you die.
You make donations to the charity that then pays the premiums.
You can receive a tax break for the premiums you’ve paid via the charity.
The charity receives all of the death benefit proceeds when you die free of tax.
The benefit payout cannot be contested, taxed, or claimed by your creditors.
The capital death benefit guarantees payout to the charity, and in some cases, the death benefit may grow over time. The death benefit is paid tax-free to the charity of your choice.

The tax benefits while you are alive When the charity owns the policy, under Canadian tax legislation, you can receive a tax break for the premiums that you’ve paid during your lifetime, insofar as they are made after the charity owns the policy. In addition, you can receive a tax receipt for the fair market value of any cash value of the policy when you donate an existing policy. There are no further tax deductions in your estate (on your last tax return done by your executor after your death).

2. You own the life insurance policy

In this strategy, you own a life insurance policy on your life, while the charity receives the full proceeds of the policy upon your death.

You own the policy.
You have access to any cash value of the policy, if necessary.
The charity is the beneficiary though you can change it.
Other claimants, such as a creditor, may challenge the right to the proceeds.
Tax benefits to the estate (your final tax return) may apply for some of the policy proceeds after your death. Note: Discuss with your tax advisor.

As the policy owner, you can change beneficiaries and have full access to any accrued cash value over your lifetime. The proceeds from the death benefit are not subject to probate nor estate administration fees, nor will the gift be on the public record.

When a charity is the designated beneficiary of a life insurance policy on your life, the charity receives the proceeds of the death benefit upon your death. Your tax advisor can advise you if the tax-free benefit paid to the charity, as the beneficiary, generates any disposition to your estate (as it would on an owned asset such as a gifted cottage that has accrued value over time).

The tax benefits to your estate after your death The charity will issue a charitable receipt for the entire amount paid to them in the year of your death. The entire capital created at your death, referred to as the death benefit, will account for a charitable donation on your final tax return prepared by your executor.

Note: Your tax advisor can assess any tax due in the estate for cash values accrued according to changing tax law.

Life insurance can be part of an ongoing charitable gift plan or offer your estate a significant tax break when the death benefit pays out to the charity.

David Toycen sums up the importance of our gifts to charity: If I am generous to someone, that person will likely be generous to someone else. There is an argument to be made that the universe was created to operate this way. ²

Ask your life insurance or tax advisor to guide you in strategically setting up a charitable life insurance policy to enable the best possible tax savings.

^{1, 2 The Power of Generosity, Dave Toycen. Pres. World Vision, Canada, (Harper Collins Publishers, 2004)}

Perspective on how we perceive time to invest

In his book, the neuroscientist Dr Daniel J. Levitan indicates why our time remaining to invest may pass by faster as we age than when we were younger. He explains “that our perception of time is…based on the amount of time we’ve already lived.” The Organized Mind, (Penguin Canada Books, Toronto, 2014)

Time from a financial perspective

Dr Levitan’s observation may apply mainly to the anxiety people experience as they age. As the time to retirement shortens, some may begin to fear that they might not have saved enough for retirement. Procrastination takes its toll on compounding investment gain potential. When looking at an average retirement age of 65, the two tables in this article reveal the profound truth about the dwindling of time and the shrinking opportunity time remaining to invest as we age year by year.

Graph Source: Adviceon©

Time offers the opportunity to create wealth.

We must sincerely acknowledge the fantastic opportunity investment time provides the investor. Most people have had lots of time within which to invest. At age 35, we cross over the halfway mark of the time remaining to invest our hard-earned income to the age of 65; at age 45, approximately only one-third of our time is left! Please look at the shrinking opportunity of time in the second table, which shows how the availability to have compound gains working for you drastically decreases as time passes.

Some parents begin wisely investing for their children right after birth and get time to work on their side early.

Graph Source: Adviceon©

Why does investment opportunity time get lost?

Greed and fear work against investing. Many people get caught up in timing the market when influenced by either of the two emotions, greed or fear. Here’s why this never works. First, desire compels people to buy when the stock market (and potentially a fund unit value) is higher. Conversely, fear causes many to sell when the stock market’s value (and possibly a fund’s unit value) is lower.

When you can’t seem to begin investing, make regular investments in promising companies to benefit from a method referred to as dollar-cost averaging (DCA) to level out the peaks and valleys of the market by purchasing at regular intervals. If the value of shares in a fund decreases, you buy more units. Conversely, if they go up, you buy less. Time spent invested in the market, not timing the markets, counts.

Don’t just look at an investment fund’s most recent performance. Instead, look for long-term investment performance over one, three, five and ten-year periods. Moreover, make investment decisions with the help of a professional advisor who has access to investment managers.

Can life insurance collateralize business bank debt?

How banks view lending money to business owners.

Banks follow established rules, which include asking a business owner to collateralize a loan, not just with business assets but also with personally owned assets, such as a principal residence and cottage. Collateralization can require collateralising a spouse’s co-owned assets, even if the business is incorporated.

Add to that a possible collateralization of any assets of a partner or adult child (and their spouses) who also share in ownership. Small business owners can lose their shirts if they default on a loan.

What if an owner dies? It is unwise to assume that a good relationship with the bank will continue if the heir of a small business or a partner is not in favour with the bank manager. Bank managers can change or apply strict policies while reassessing the leniency shown to previous owners or administrators.

Eliminate doubt in a family business, such as a farm, by insuring the oldest owners and succeeding generations using joint-first-to-die policies or individual life insurance policies. In the case of a non-family business, each owner/partner should be insured to cover the company’s debt. When the life insured dies, the tax-free life insurance proceeds can be used to pay back loans, win back ownership, and discharge any personal assets liens.

What if there is a critical illness? For the same reason, small business owners should consider purchasing a critical illness (CI) insurance policy for each principal business owner and key persons. CI insurance could pay off a considerable bank debt if one were to experience a significant illness such as a heart attack or stroke. One could become incapacitated and need to be bought out by a partner or an heir (there should be a buy-sell agreement in place). The risk of a loan being called increases when an owner-manager is sick, and the bank manager loses confidence in the debt-paying influence of that owner.

How can I reduce Probate or Estate Administration fees?

After the death of an individual, every estate must file a final (or ‘terminal’) tax return. All assets are deemed to disposed of at the time of passing, and this can trigger probate fees and other expenses.

A certificate of appointment (“Probate”) or Estate Administration Tax (EAT) is not always necessary to actualize the transfer of certain assets. Much depends on how the asset is held during one’s lifetime, and the value of the asset transferred. Some institutions will not require probate for assets under a certain amount. Concerning jointly-owned real property, and bank or investment accounts, these assets will pass to the surviving joint tenant by right of survivorship. In cases where joint ownership of assets is considered for estate planning purposes, it would be prudent to obtain legal advice.

Life Insurers offer life insurance policies, segregated funds, and term funds, which may designate one or more primary beneficiaries, and further contingent (secondary) beneficiaries, allowing probate/EAT to be circumvented entirely, enabling direct access to those funds without joint ownership or survivorship of a joint tenant. Segregated funds and term funds are classified as deferred annuity policies, and as such, these assets can help lessen the overall fees charged on your estate. Monies pass privately and directly to your beneficiaries, outside of your estate and the probate process.

Concerns for Estate Planning

In Ontario, Probate fees were the forerunner of the new Estate Administration Tax (EAT), which is to shift to the Minister of Revenue. An Executor/Trustee will now have to file a detailed summary of assets that are distributable under the will. The Ministry reserves the right to take up to 4 years to assess, or the right to reassess, making the Executor/Trustees responsible for that reassessment. Executors and beneficiaries may face liabilities if estate assets distribute before assessment or reassessment. How does an Executor reclaim assets already distributed?

Assessment powers are not minor With the introduction of the estate administration tax (EAT), the government has given the Minister of Revenue audit and verification powers patterned after the federal Income Tax Act, thus giving the Minister of Revenue the right to assess an estate in respect of its EAT liability.

Estate trustees may be personally liable for the claims of creditors that cannot be paid as a result of an improper estate distribution. It will be an offence for an estate trustee to fail to make the required filing with the Minister of Revenue or where anyone makes, or assists in making, a false or misleading or omitted fact in connection with the estate trustee’s filing. Because offences are punishable by fine, imprisonment or by both, errors and omission insurance may be needed by executors handling larger estates.

Potential Legal Issues for Estate Trustees and Executors
Imagine if you are a personally chosen friend of a deceased person with $1.5 million in assets, who previously selected you as Executor/Trustee of his or her estate. Though duty-bound, you may feel that the risk is now very high if an error occurs. Consequently, you may want to off-load the potential liability to a professional accountant and lawyer to present all the documentation for EAT.

Consider that the costs of such a transfer of liability could rise to the maximum of 6% per professional (two professionals would mean 2 x 6%) of the value of the Estate. This could bring the total cost of dealing with EAT to a maximum of 13.5% of the estate value. In the above case, fees could cost upwards of $202,500.

Segregated and Term funds may offer investors an edge over other investment products in the province of Ontario when it comes to planning someone’s Estate. Segregated and Term funds also offer estate privacy of the distribution of money under the insurance act.

Note: Not applicable in Québec as notarial wills do not need to be probated by the court and, for holograph wills and wills made in the presence of witnesses, probate fees are minimal.

How can mutual funds help manage financial risk?

How can mutual funds help manage financial risk?

In business and investment, more significant gains are associated with both business success and variable risk. Six risk factors are examined below, along with constructive ways to deal with them.

Risk increases with the potential for gaining wealth in the markets

There is no such thing as gaining wealth without risk. Risk generally increases within any business or investment when the potential for gain is greater. Mutual funds diversly invest in the stocks of many companies. If a business succeeds, its stock price (and dividends) can increase in value and pass that worth on to the fund unitholders.

If many companies’ stocks increase in value in a mutual fund, the investor’s wealth can increase relative to the resulting total net increase in all of the fund unit’s value. In the short term, a mutual fund, like any business, can fluctuate in value, so the risk of losing money in the stock market increases if equity fund investments are held for only a short period.

Defining Investment Risk

The potential for gain generally increases the longer you hold equity fund investments. Because economic performance is uncertain, an investor who seeks growth by investing in the ownership of companies via equity mutual funds cannot have zero risk. Most successful investors realize that the following risks exist yet invest despite these:

• Interest rate risk when increasing could negate gains of certain income funds investing in bonds.
Solution: Maintain a balanced portfolio including equity funds and different types of income funds: money market, short-term bond, and long-term bond funds.

• Business failure risk could deplete the value of any one company’s stock.
Solution: Consider investing in equity mutual funds because they hold many different stocks.

• Purchasing power risk is an alarming reality faced by everyone due to inflation’s historical average, which has been between 3% and 4%.
Solution: Calculate inflation into your retirement planning and consider investing in equity mutual funds over the long term, with the potential to build sufficient wealth to meet increased future budget demands due to inflation.

• Market risk occurs because markets are cyclic, rising, correcting, and occasionally declining.
Solution: Diversify your funds, investing in a family of domestic mutual funds and internationally among foreign mutual funds as not all markets move together.

• Opportunity risk occurs when you cannot invest your money for a potentially better return, such as when you are invested in a locked-in type of investment, such as term deposits, or have tied up your income in monthly payments.

Solution: Try not to lock up all of your money, keeping some in money market funds over any given period.

• Liquidity risk occurs when you cannot quickly sell a given investment, such as an extensive real estate portfolio.
Solution: Invest in mutual funds. If money is urgently needed, funds can be sold and money accessed on any business day with possible costs.

How do I care for my aging parents?

Here are some tips to help you lighten the load of Elder-Care:

• Plan your caregiving carefully. Don’t be ashamed to ask for and get help from your siblings or others when caring for a family elder—let others share the load—tell them how they can help, and let them know you expect it! They can clean, cook, take them to the doctor, shopping, or church, and take them to their home for a little break/holiday, etc.
• Be honest about what you can truly handle. Be honest about your time when you are home and what you can realistically achieve. Don’t let your housework stay undone due to your over-commitment to the elder. That isn’t fair to you or your family.
• Assess government and public resources. Find out what services are free or available as paid-for services—learn what your community offers in senior care.
• Prioritize your to-dos. In this way, you’ll know what needs immediate attention, such as their physical comfort and safety. Determine if any problems, such as a lack of heat or air-conditioning, water leaks, or mould accumulation in the elder’s environment, needs attention. Delegate help to family members or friends concerning their skill set, career, or financial ability to help.
• Assign care tasks to the elder that they can do. List the jobs to define what they can and can’t do. Involve the elder as far as possible in the plan, if they can cook their meals and bathe themselves, and let them know this is henceforth expected of them.
• Outsource where needed. Discuss who you might hire with the elder, and where applicable, expect their input in the decision. Maybe you must bring in a house-cleaner weekly and hire a handyperson.
• Let the elder assist you financially. You may be putting them up in a space in your home, and they might use your resources, so it is not out of line to ask them to help pay your bills (perhaps via rent). The elder is now retired, so they ought to reach into their investment income (if they have wisely invested or have gained other assets) or pension income to share in the expenses and perhaps buy and prepare their food.
• Decide to make informed decisions. Don’t procrastinate to make the necessary changes and improvements because years of frustration may accrue as “things unattended only to get worse”.
• Meet with a lawyer and financial advisor. If the relative increasingly depends on you to help in their estate planning, employ a good lawyer they can trust; write an up-to-date living and testamentary will.
• Review to determine if there may be life insurance needs for the funeral and burial expenses ahead of time. If there is, consider buying a policy and have siblings or heirs split the premium.
• Assess any tax and debt liabilities. Assess retirement savings, investment holdings, other assets and all liabilities to create a mini net worth snapshot to determine the potential net need for life insurance. Then select the amount necessary. Check if any cash values can make current cash income while maintaining an old policy the elder may own. Determine who will be the Power of Attorney (PA).
• Become an advocate. Don’t be afraid to take the elder’s side. Many are not used to today’s current culture and need kind understanding. So speak up for their rights and causes; never bully them or ignore their cries for help or justice as they face our healthcare system, unfair medicinal prescription fees, or rude gestures from others. Dialogue with physicians (and get second opinions) when necessary for their well-being.
• Maintain a happy attitude. If you keep your good humour and remain positive, you’ll lessen the stress factor. Caring for elders can tip your emotional scales, so laugh a little, even at yourself!
• Review and respect their historic life’s excellent and fun aspects with you. One day your elder won’t be around to show your appreciation and love for their positive role in your life. Tell respectful stories about their hero or heroine qualities. They probably did rescue you by overseeing your younger days while feeding and clothing you. Don’t put them down for failures—forgive them. They may have “been there” for you, so recall the best days of their life to realise they were needed, appreciated, and loved for who they are.
• Maybe write a book on their story. Why not review their life story in a journalised small book of their history—to leave a legacy to your family to show appreciation and take your mind off the stressful negatives? It may reveal redemptive qualities; to teach your younger generation by example—to impress the younger generation by the elder’s influence, such as perhaps: their character developed by war, or persistence during poverty, or a corrective life-change, their hard work that led to business success, or a healed relationship via forgiveness, or their involvement in charitable giving, or their volunteer work to help others, etc.
• Stay ahead of burnout. Get some rest and exercise weekly to protect your mental and physical health. Fulfil all your responsibilities, and maintain all your meaningful relationships. Be sure to get the R&R you need to stay graceful, strong and vigorous as your elder ages and becomes more dependent on you.
• Find unanimity in an elder-care support group. They can share their ideas and help you make decisions, help you not to feel alone, and help you face stresses and problems as they relate their wisdom obtained by experience. Getting ideas and compassion from other caregivers caring about you doesn’t hurt.

Caring for an older adult is not a job that comes with training or gets a lot of thanks—it is something you take on, usually out of love. It can be an unappreciated Herculean effort—but at least you’ll know you did your best at the end of the day. Your love is what counts.

Every so often, you can take a self-inventory and restate your primary purpose in caring for an elder. This will help you overcome the temptation to complain, throw in the towel, or send the elder to a rest home too early.

You may want to consider Longterm Care Insurance for yourself or your loved ones, which helps pay for services the family members may not be able to provide. Talk to your advisor about the life insurance policies available for these services.

How do I protect the finances of the Successor of my Business?

Here are ways to protect your successor financially.

Allow the potential successor to get involved in managing important team projects. Try to increase the successor’s financial insights and general responsibilities over time. Allow independence while ensuring that the right professionals assist the successor, such as a good accountant and insurance agent.
Consider visiting other family businesses that have transferred their business through continuity planning.
Establish mentors and advisors for the successor. Consider setting up a board of directors if one is not in place. Implement leadership training programs.

We do not suddenly become what we do not cooperate in becoming.— William J. Bennett

Protect your assets during Succession in the following ways:

Cover your key persons. Use life and disability insurance to cover the cost of replacing an owner, successor, contingent successor, or a key executive in the event of death or disability.
Ensure debt redemption. Life insurance proceeds can pay off bank loans and other liabilities—paid at the owner’s death. Also, consider critical illness insurance, which would pay up to $2,000,000 if the proprietor were to become critically ill.
Provide income replacement insurance. Disability insurance benefits can provide income to an owner, successor, or key executive if disabled over specific periods. The payment paid as a benefit to a disabled insured, places less payroll burden on the company.
Fund a buy-sell agreement. Life and disability insurance proceeds can fund a buy-out upon death or disability, where two or more owners are in business (effective for current or succeeding generations).
Fund a stock redemption. When other members of the family own stock, you can buy life insurance for the owner and make the successor the beneficiary. This will provide cash upon the owner’s death to allow the successor to buy the stock of, say, sisters or brothers, based on a pre-determined formula related to equalizing the estate.
Fund capital gains tax liabilities. If significant capital gains will impair the company, reduce personal assets, or disallow a legacy of a cottage or other asset, use a permanent life insurance product designed to pay off all capital gains liabilities.
Create capital to equalize your estate. In the future event where one child will inherit the company, life insurance can be purchased by the owner or spouse to pay the non-involved children a tax-free cash benefit in predetermined amounts, clear of probate. To avoid resentment, you can inform these children that they will be treated fairly in the overall estate.

Let him, who would move the whole world, first move. — Socrates

Maintain relationships during succession

Keep your banker informed. What would your banker do if something happened to your firm’s current owner? Who else knows of the company’s loans or actual financial status? Introduce your successor (and the succession plan) to your banker and review all the company liabilities. Reveal your life insurance planning to the banker that can offset liabilities in the balance sheet.
Sustain client relationships. Introduce your successor early on to your key clients. Perhaps host client appreciation events.
Harmonize the successor with the constituency. The key players will help the company survive, including critical suppliers, influential families within and without; shareholders you hope will seek minimal dividends instead of future growth; employees, especially those holding company stock; and the key executives.
Diversify sources of retirement income. Keep your retirement investments separate from your business. Consider purchasing segregated funds, separating your assets from the company while reducing exposure to creditors. Avoid investing your profits into the business without developing your independent retirement resources. Thus, you will not need to rely on the company to create an ongoing retirement income, though you may receive dividends and income from the business.
Move towards financial independence of your business. Though you leave a legacy to your successor(s), you can ensure that the inheritance will have sufficient funds to survive during and after the succession. Drawing from your retirement savings can reduce dependency on business income (or dividends).