In our previous The Beneficiary Challenge article, we discussed the 2020 Ontario Superior Court case regarding Calmusky v Calmusky. One of the key issues in this case involved the designation of Gary Calmusky as the beneficiary under his deceased father’s Registered Retirement Income Fund (RRIF). This caused quite a stir when Randy, the other adult son, argued that these funds should not have been administered to Gary directly. Randy then took the case to court, maintaining that the RRIF was held in trust for the estate of the father. He also argued that a bank account, previously held jointly by Gary and the father, was also held in trust for the estate.
At that time, the Court decided that a joint bank account should be held in trust for the estate when it resulted from a gratuitous transfer of an asset to an adult child, unless the child can prove that it was the deceased’s intention to gift the asset to them directly. This was consistent with established case law. However, the court then went on to apply this very same principle to the RRIF beneficiary designation, regardless of legislation already in place honouring such designations! In doing so, the court created doubt as to whether routine designations, whether they be in registered plans or insurance, would now be subject to increased legal scrutiny and litigation.
The Calmusky case was heavily criticized in legal and financial circles. Subsequently, in the 2021 case of Mak Estate v. Mak, a different judge of the same court came to the opposite conclusion from the judge in the Calmusky case. In the Mak case, in considering a RRIF designation of an adult child, the court stated that there was “good reason to doubt the conclusion that the doctrine of resulting trust applies to a beneficiary designation”. The judge’s comments suggest that there is no requirement to determine the intent of an individual who designates a beneficiary supported by legislation, such as that governing registered plans and insurance. Continue reading “A Murky Path: Continuing Concern Over Beneficiary Designation Legislation” →
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Beneficiary Designations and the Importance of Transparency