Smart Strategies to Avoid Probate Fees and Expenses

Another way to avoid probate fees and expenses? Gold bars! I wrote a series of 8 columns this past fall about ways to avoid probate. The series was in answer to a challenge by a reader who accused lawyers of being “estate chasers” getting rich off probate fights. He challenged me to write about avoiding probate. I gave a presentation that included that subject matter recently to members of the Society for Learning in Retirement. What a cool organization! They have some paid administrative support, but it’s otherwise volunteer run. They host presenters (also volunteers) on topics ranging from historical (“The Acadians: From Nova Scotia to Louisiana”), to health (“Understanding Stroke: Prevention and the Role of a Healthy Lifestyle”), to technology: (“AI Literacy for Everyday Life”). They also offer classes. I saw one on their syllabus for poetry writing, another one for memoir writing and another: “iPad for Novices”. With a $25.00 annual membership fee and minimal class/presentation fees, no surprise that most of the upcoming classes and presentations are full. While fielding audience questions, I realized that there’s yet another probate avoidance strategy that I hadn’t written about: assets that don’t require probate. Like gold bars. A lady with a gleam in her eye shared that she had purchased some gold in 1968. A website tells me that the price of gold has gone from $43.50 USD in 1968 to over $4,600.00 USD today. No wonder she had a gleam in her eye! I’m going to walk you through how gold bars and other unregistered assets impact on probate. First, I need to briefly explain probate. I use the word “probate” to refer to an estate grant, which is a court order that gives an estate representative the authority to handle estate assets. An estate grant is required to transfer or access any estate assets that are registered by a 3rd party like ICBC, Land Titles, banks, investment companies, etc. I’ll refer to those as “registered assets”. My column series gives strategies for structuring your affairs to avoid there being any estate assets. I wrote about spending your money and giving it away while alive. I also wrote about using joint tenancy, a trust, and investments with beneficiary designations. Assets held in joint tenancy pass to the surviving owner without the need for an estate grant. As do assets in a trust and assets that can pass by beneficiary designation like TFSAs, RRIFs and segregated funds. If all registered assets pass to your intended beneficiaries without the need for an estate grant, then probate is not required. No probate means no probate fees and no legal expense applying for the estate grant. It doesn’t matter the value of your unregistered assets, like gold bars, cryptocurrency, electric bicycles, expensive furniture and jewellery you might have. You could have $5 million is gold bars under your $15,000.00 bed. Unless an estate grant is required for other assets, no need for probate. But what if you’ve messed up and purchased a $50,000.00 vehicle that’s registered solely in your name. You failed to register the vehicle jointly with your wife. Your executor (I assume your wife) will need an estate grant to transfer that vehicle to herself. Part of the application for an estate grant is a sworn document where your wife has to swear or affirm a list of estate assets and their value. Your gold bars, like the bed and other furniture, jewellery, etc., are all estate assets and must be listed. Even though it’s only the vehicle that requires the estate grant, probate fees will have to be paid on everything. Please hit me with your questions. I feel there might be enough material for another column on this subject matter, in which case I’ll take the opportunity to also share the cloak and dagger estate planning tactic of having two wills, one for registered assets and one for non-registered. Paul Hergott Lawyer Paul Hergott began writing as a columnist in January 2007. Achieving Justice, based on Paul’s personal injury practice at the time, focused on injury claims and road safety. It was published weekly for 13 ½ years until July 2020, when his busy legal practice no longer left time for writing. Paul was able to pick up writing again in January 2024, After transitioning his practice to estate administration and management. Paul’s intention is to write primarily about end of life and estate related matters, but he is very easily distracted by other topics. You are encouraged to contact Paul directly at paul@hlaw.ca with legal questions and issues you would like him to write about. paul@hlaw.ca