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Wills & Estates

When is the right time to do an estate freeze in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

There is no single right time for an estate freeze — the decision depends on your business's current value, your succession plans, your tax position, and your personal goals. That said, several situations commonly signal that it is worth exploring.

One natural trigger is when a business has grown significantly and you want to cap your personal capital gain exposure before it grows further. Doing a freeze locks in the current value as your taxable amount on death, while future appreciation in the business accrues to your children or a family trust.

Another trigger is when you are ready to begin transitioning the business to the next generation — bringing in children as shareholders, for example, or beginning to involve them in decisions. A freeze is often part of a broader succession plan that unfolds over years.

Freezes are also considered when the owner's health changes, or as they approach retirement, prompting them to think more concretely about what happens to the business and the family's wealth.

One consideration is that a freeze done too early may lock in a value that turns out to have been low if the business grows dramatically afterward — the children get the benefit but the freeze does not need to be undone, and a "refreeze" can be done at a higher value if that makes sense later.

Given the complexity, the right time is when you have good legal and accounting advisors ready to structure it properly.

Key takeaways

  • An estate freeze is often triggered by significant business growth, succession planning, or health changes.
  • It caps the owner's capital gain and shifts future growth to heirs or a family trust.
  • A "refreeze" can be done later if the business grows further.
  • Coordinated legal and tax advice is required before proceeding.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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