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Monday, July 31, 2017

How does the named beneficiary of an RRSP go about collecting it?

In any given estate, there is usually only one lawyer involved, and that lawyer works for the executor. This means that other people such as beneficiaries and family members generally don't have anyone in particular they can turn to for information and advice about how the estate is unfolding. They are supposed to get their information from the executor, of course, but the executor may not always know the answer. And sometimes the executor is not especially communicative.

As a result, I receive a lot of questions from beneficiaries about how things are supposed to work in an estate. They want to know what steps they are supposed to take in order to receive their bequests. Something that seems to cause a lot of questions is an RRSP or RRIF that is left to a named beneficiary. The beneficiaries expect the executor to deal with it. The executor is told by the estate lawyer that he or she does not have to deal with it. This leaves the beneficiaries in limbo.

What exactly is the procedure when a deceased person leaves an RRSP or RRIF? Who is supposed to ensure that it is paid to the right person? The answer may surprise some people in the sense that the RRSP or RRIF has almost nothing to do with the executor.

When the RRSP or RRIF names a beneficiary (and by this I mean it names a specific person and not the deceased's estate) then it is not part of the estate. This means it's not the executor's job to deal with it. The executor should advise the named beneficiary that the policy exists (and where it is located) and provide a copy of the Death Certificate or the Funeral Director's Statement of Death. After that, it's up to the beneficiary to arrange for payment. The beneficiary should go to the bank or the financial advisor directly and arrange for the RRSP or RRIF to be paid.

The payment will go directly to the named beneficiary from the bank. It won't be routed through the executor or the estate.

Most executors handle this properly. A few do not. Within those few who do not, some attempt to collect the RRSP or RRIF into the estate and cause all kinds of fuss when the bank won't comply. The executors on the other end of the scale won't do anything at all, including giving a copy of the Death Certificate, because they've been told the RRSP or RRIF is not their responsibility.

If beneficiaries are aware from the start that it is their own responsibility to contact the bank and arrange for the payment of the RRSP or RRIF, things will go much more smoothly for them. It can be a real source of frustration to wait for many months for an estate to be distributed just to find out that the RRSP or RRIF isn't even in the estate.

Tips for a beneficiary who is named on an RRSP or RRIF:
- take your I.D. with you to the bank
- take a copy of the Death Certificate or Funeral Director's Statement of Death with you
- be prepared to give your social insurance number
- be prepared to give instructions regarding whether you want a cheque or a direct deposit
- allow the bank enough time to process the paperwork after you notify them - you won't get your money overnight


3 comments:

  1. From my experience as an executor AND a named RRSP beneficiary, I don't understand why an executor would ignore RRSPs/RRIFs with named non-spousal beneficiaries because of the income tax consequences for the estate. The executor should at least be aware that the redeemed value of the RRSP/RRIF is counted as part of the deceased's income as of the date of death, so that it is taxable to the estate.

    If not immediately redeemed,any increase in value is taxable to the beneficiary.

    That tax consequence could come as quite a shock to the executor.

    ReplyDelete
    Replies
    1. It rarely works well when an estate administration is dragged out for no good reason. You have given an excellent example.

      I always try to get the executors of all but the most simple estates to work with an accountant on the administration so that the executor will receive detailed and accurate tax advice.

      Lynne

      Delete
  2. I echo the other poster's comments.

    ReplyDelete

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