By Laroux Peoples, JD (Vice-President Professional Services, PPI)
Are segregated funds subject to the presumption of resulting trust? Not in Ontario according to RBC Life Insurance Company v. Masitch et al 2026 ONSC 2277. Great news for those in life insurance but recall from my last case comment, there is no Supreme Court of Canada decision and there is regional variation so check the law in your province.
In this case released the day after Kunka Estate v. Giasson, a mother named one of her two sons as a beneficiary on two segregated fund contracts. She died intestate and both sons were equal beneficiaries of any proceeds falling into the estate.
The brother who was not named disputed the beneficiary designations, arguing it was his late mother’s intention that his brother share the proceeds as he was holding them on resulting trust for their mother’s estate.
Continue reading “Named Beneficiary on Segregated Funds Prevails in Court”