Miller Thomson LLP
By Stephen Sweeney
May 21st, 2025
What happens to your estate after you’re gone may depend less on your lifetime planning than on what your Will actually allows others to do in your absence.
Even the most thoughtful estate plan can fall apart if the Will isn’t drafted with flexibility, tax efficiency, and post-mortem strategies in mind. The result? Missed opportunities, excess tax, and unintended outcomes for your heirs.
Post-mortem estate planning refers to legal and tax strategies that can be implemented after a person’s death, aimed at minimizing total tax obligations, avoiding double or even triple taxation, and ensuring a smooth, effective transfer of wealth to beneficiaries. Typically, the focus is on how the transfer of low-cost, high-value assets – often private corporation shares – is managed in a tax-efficient manner.
Post-mortem estate planning, by definition, happens after death – but its success often hinges on choices made well before that point. The Will is not just a legal formality; it is the document that empowers your personal representatives, beneficiaries, and their professional advisors to act. Without the right tools embedded in it, even the best advisors may be unable to fix poor asset structures, navigate tax pitfalls, or carry out your intentions effectively.
Stephen Sweeney, Associate Counsel, Miller Thomson LLP
