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What is a graduated rate estate?

An estate taxed at graduated rates rather than the top marginal rate, available for up to 36 months after death if properly designated.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

An estate taxed at graduated rates rather than the top marginal rate, available for up to 36 months after death if properly designated.

The Canadian position

Only one estate per deceased person qualifies, and the designation must be made.

After 36 months the estate is taxed at the top rate.

The Islamic position

Lower tax means more left to distribute by the shares.

No effect on entitlement.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. T3 Trust Guide — Canada Revenue Agency
  2. What to do when someone has died — Canada Revenue Agency
  3. Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
Further reading — Treadstone Law
  1. Graduated rate estate deemed disposition planning ontario — Treadstone Law
  2. Does rrsp get taxed on death ontario — Treadstone Law
  3. Why most trusts pay top tax rate canada — Treadstone Law
  4. Filing deadline deceased person ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law