Question Re: inheriting restricted handguns

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mike reynolds

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What is the story on inheritance of handguns ,with the new rules ?
As I understand it , handguns cannot be handed down
Is there anyway a person can “stall” the system in hopes that rules may change ?
Would be a shame to destroy a handgun only to have them be available to transfer again next year
 
You are asking about a way to defeat a system on the open forum monitored by the very same people whose job it is to make the system work.
 
The executor of the estate has a "reasonable" amount of time to settle the estate. In my mother-in-law's case that took two years from start to settlement - was no hiccups to the process at all - no disputes and no delays. Revenue Canada wants to take their sweet time to issue their certificate, and so on - lawyers and accountants needed to do their things - one after the other. Income Tax return needs to get filed on behalf of the deceased. Then another return has to be filed for the Estate. Then apply for the clearance certificate - and then the various steps with the Courts. It apparently just takes "time" - years - to settle an estate in Canada - probably why there is no time limit for an Executor to do their job, except to be "reasonable" ...

The lawyer we used was very adamant that NO inheritances were to get disbursed until the letter from Canada Revenue, else the Executor can end up personally on the hook for estate expenses (taxes) - if there is not enough left in the estate.

I may have got it wrong, but I think the Court gets first crack at the estate assets to get their probate fees, then Revenue Canada next in line, for Income Tax, only then do the heirs and the inheiratance matter.

If all is done "by the book", and if owner passed away in 2023, with a Will that named an Executor - then the heirs might see stuff in 2025 or so ... If the owner DID NOT have a will, or did not properly name an Executor, then for most provinces, will have additional time for a court to appoint an Administrator, and your province will have numerous rules / laws about what will happen to the "intestate" estate stuff. As I understand it today, is about NO possibility for an heir to get a restricted handgun "transferred" to their name.
 
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Potashminer said:
The executor of the estate has a "reasonable" amount of time to settle the estate. In my mother-in-law's case that took two years from start to settlement - was no hiccups to the process at all. Revenue Canada wants to take their sweet time to issue their certificate, and so on - lawyers and accountants needed to do their things - one after the other. It apparently just takes "time" - years - to settle an estate in Canada - probably why there is no time limit for executor to do their job, except to be "reasonable" ...

The lawyer we used was very adamant that NO inheritances were to get disbursed until the letter from Canada Revenue, else the Executor can end up personally on the hook for estate expenses - if there is not enough left in the estate.

I may have got it wrong, but I think the Court gets first crack at the estate to get their probate fees, then Revenue Canada next in line, for Income Tax, only then do the heirs and the inheiratance matter.
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My friends dad passed away about 2 years ago, and they're still getting things sorted out relating to that. This stuff takes time, especially if it has to go through probate (I dunno if Im saying that correctly...)


OP, as Potashminer states there is no specific time frame for the estate to dispose of the guns. Best option right now is to just keep them as property of the estate for the time being, and hope the CPC wins the next election and can reverse the handgun freeze.

Beyond that your only options are destruction or export.
 
you could have a business store them for you. i have a few stored at enable innovation. once the law changes i will get them back or if no change and i get fed up they will sell them to another company or exsport.
 
mike reynolds said:
What is the story on inheritance of handguns ,with the new rules ?
As I understand it , handguns cannot be handed down
Is there anyway a person can “stall” the system in hopes that rules may change ?
Would be a shame to destroy a handgun only to have them be available to transfer again next year
Click to expand...

The story is that a lot of people became very paranoid over the past couple of years, with all the Covid lockdowns, freezing of bank accounts, talks of war, etc., and hid their guns so well that nobody assisting the estate or the family has been able to find the guns...
 
Light Flight said:
you could have a business store them for you. i have a few stored at enable innovation. once the law changes i will get them back or if no change and i get fed up they will sell them to another company or exsport.
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Interesting wonder if rental guns might be a new thing. If stores can still bring in handguns, but only let people get ATT’s to borrow them. Pipe dream.
 
Thank you for the replies gentlemen , you have answered my questions
To you dingbats that think I was suggesting something illegal , dry out and give your head a shake .
 
My father made a "living will" gift to the grandkids that distributed 80% of his entire estate a year before he passed. The net result was no debts to cover,less than $50K in his account and no other living relatives to crawl out of the wood work and no probate. As executor,all I needed to do was have his taxes done and distribute the rest of estate. It took less than a year. Living wills are definitely the way to go to avoid all the bureaucratic nonsense. I highly recommend it.
 
Trimmer 905 said:
My father made a "living will" gift to the grandkids that distributed 80% of his entire estate a year before he passed. The net result was no debts to cover,less than $50K in his account and no other living relatives to crawl out of the wood work and no probate. As executor,all I needed to do was have his taxes done and distribute the rest of estate. It took less than a year. Living wills are definitely the way to go to avoid all the bureaucratic nonsense. I highly recommend it.
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For sure that is my understanding as well - for multiple reasons, is so much easier for that person to disburse his "gifts" when alive, versus an Executor trying to do so with Estate stuff. We are going through that with my Mother - who turned 98 years old last summer - not much going to be in her "estate", at all.

Depending where you live, provinces have different laws - mother-in-law was in B.C. - they have a law called "WESA" - makes much easier for unknown person to "crawl out of woodwork" to make a claim against an estate. Still goes through courts - usually get sensible judgement, but still adds to the angst for Executor and time to settle the Estate.
 
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