West Legal

Last week, our Senior Wills & Estates Counsel, Angela Yee-Hamshaw, hosted an informative Q&A session for individuals who are, or may one day become, executors under a will.

From probate and executor responsibilities to trusts, vulnerable beneficiaries, and tax-efficient estate planning, Angela shared practical guidance to help attendees feel more confident navigating an often overwhelming role.

We’re incredibly proud of Angela’s commitment to educating and supporting our community. Her ability to turn complex legal concepts into clear, approachable advice is what makes her such a trusted advocate for families planning for the future.

Thank you to everyone who attended and brought such thoughtful questions to the discussion. 💙

❓ What the FAQ: I'm a Canadian citizen living abroad. Why is my lawyer holding back part of my home sale proceeds?
✅️ Because for tax purposes, citizenship and residency aren't the same thing.

If you're considered a non-resident of Canada when selling Canadian real estate, the law may require a significant portion of the sale price to be held back until the Canada Revenue Agency confirms any taxes owing. In some cases, that holdback can be much larger than sellers expect because it's based on the sale price, not what you actually pocket after paying your mortgage and closing costs.

The good news? The holdback isn't necessarily the final tax bill. It's essentially security for the CRA while the required paperwork is completed.

This issue can create major surprises at closing if it's discovered late in the process, which is why it's important to discuss your residency status with your lawyer as early as possible.

Want the full breakdown? Check out our latest article on Canadian non-residency withholding requirements:
🔗 west-legal.ca/real-estate-law/canadian-non-residency-withholding-requirements/