
You have three children and you want to treat them equally.
One of them wants to keep the cottage, second home or family property. The other two would rather inherit other assets.
The solution seems fairly straightforward: leave the property to one child, divide the rest of the estate between the three of them and make sure everyone receives an equal share.
The problem is that the numbers you plan around today may look very different by the time your estate is actually being settled.
And that can turn a relatively simple intention into a much bigger problem.
What Happens When the Property Is Worth More Than the Rest of the Estate?
A recent Ontario court case involving a family cottage is a good example.
A mother’s will directed that her estate be divided equally among her three children, while one son would receive the cottage and its value would be deducted from his share.
By the time she died, the cottage was worth approximately $1.4 million while the rest of her estate was worth less than $800,000.
The property alone was therefore worth substantially more than one-third of the total estate.
The disagreement that followed ultimately ended up in court.
The details of that case are specific to that family, but the planning question applies much more broadly:
What happens when the property you intended to leave to one person retains more value than everything else in your estate?
Does Dividing Your Estate Equally Actually Create a Fair Outcome?
“Leave everything equally to the kids” sounds clear.
But equal percentages don’t always produce the outcome you had in mind.
If one child is receiving a property worth considerably more than their share of the estate, where does the difference come from?
Do they have the resources to buy out their siblings?
Would other assets in the estate be enough to create balance?
Could the property ultimately have to be sold even though your intention was to keep it in the family?
Those are very different questions from simply deciding who gets what.
They’re also why estate planning around real estate needs to be revisited as property values, investments and family circumstances change.
What Should You Consider Before Leaving Property to Your Children?
Before deciding how a cottage, second home or other property appears in your will, there are a few conversations to keep in mind.
- Does anyone really want the property?
- If more than one child wants it, how would ownership work?
- If only one does, what would you like the others to receive?
- What happens if the property doubles in value while your other assets don’t?
- What are the tax implications that may come with transferring it?
These questions are important because dividing everything evenly on paper isn’t the same as making sure the plan reflects what you actually want to happen.
Transferring the cottage while you are living and with the receiving child buying out the interest of the other siblings funded by a mortgage or promissory note may be an option.
Using permanent life insurance to ensure that assets of equal value will be paid to the other children at death is also a solution, but it will depend on the situation.
The Estate Plan Has to Work in Real Life
A will can say what you want to happen.
The financial plan makes sure it can happen.
That means looking at the property alongside the rest of the estate — investments, insurance, taxes, liquidity and the needs of the people who will eventually inherit it.
It also means revisiting the plan over time.
A property that represented one-third of your estate ten years ago may represent much more than that today.
This requires some time and discussion with your advisor who can then lead conversations and implementation of the plan with your accountant and lawyer to make sure it properly considered.
If leaving property to the next generation is part of your plan, the most important question is “What do I want to happen in the end, and does the plan I have today support that?”
At Smith Rogers Financial, we help families look at how their estate, investments, insurance and long-term plans work together so the decisions they make today still make sense when the time comes to carry them out.
Not sure whether your current estate plan would actually support what you want to happen with a cottage, second home or other property? Get in touch with us or visit our website to learn more about our team and how we can help.
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