ARTICLE · 14 AUGUST 2023

Cottage Transfers: Advice Before Action

Fillmore Riley

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A family cottage can be a source of many happy family memories. Unfortunately, it can also be a source of estate planning headaches.

CanadaFamily and Matrimonial

Johanna Caithness

Alexandra Broggy

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A family cottage can be a source of many happy family memories. Unfortunately, it can also be a source of estate planning headaches.

Two estate planning issues which commonly arise where family cottages are concerned are capital gains tax and probate fees. Deferral of capital gains tax (other than when a cottage is transferred to a spouse) requires high-level tax and estate planning and will not be addressed in this article.

It is common, however, for parents to place a family cottage in joint names with adult children in order to attempt to avoid payment of probate fees on cottages located outside of Manitoba. This article will address some of the complications that can result where a family cottage is placed in joint names without proper legal advice prior to the transfer.

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