My common-law husband and I split up and we agreed through a t2220e along with a court order to transfer a set amount of his rrsp's to me, he commited suicide before the transfer could be completed. The bank that has the rrsp's has now said after waiting 8 months that the t2220e that we both signed just before his death was invalidated by his death. Is this true.
My lawyer and I have contacted a tax accountant and are awaiting his return on the 22 of May, in the meantime we have asked the bank not to release to anyone until we know more, they want a resolution or they will release the money to the court.
No it would not be correct.
That document was signed and delivered before he died.
So there is no reason why it would not be valie.
And there is certainly no reason for the money to be paid into Court.
At the least it would go to the estate and then you and your lawyer could deal with the estate.
That is what I thought but how do I convince the bank to release the rrsp's, the estate wants me to sign over the rrsp's to them and I am not willing to do that, so the bank did a tax interpretation that sent them to a file where a woman was getting weekly payment and her ex died she tried to keep nthe payment going and the courts said no so based on this the bank has said that the t2220e is invalid but you still have the coutrt order
The bank does not know what to do so they are simply protecting themselves.
Your lawyer will need to get a Court Order directing the bank to pay you.
the document was signed by him and was on route to them when he died
They are just worried about being sued by the estate but they are wrong and if the don't watch out they will be sued by you.
You are entitled to the RRSPs and not to suffer tax consequences.
But this is now a legal problem and not a tax problem so be sure that your lawyer is experienced in litigation.
can I tell this to my lawyer
Yes but lawyers get offended when you talk to others about what they are involved in so you may upset or anger the lawyer.
It's usually better to simply ask about the idea of getting this resolved by getting a Court Order.
You could say you spoke to a friend or family member.
That may be less threatening to your lawyer.
No both of us our dumbfounded by all of this and have been looking and asking no this will help as we don't know where to turn
Then go ahead and explain what I 've said.
It also could be worked out if your lawyer contacts the legal department for the bank.
can I print this off so that i may quote from it to him
A lawyer for the bank will see the form was signed and the order.
When you accept the chat will end.
You will see a box that says share.
that is who we have been dealing the head lawyer for the bank
If you hover your mouse over that box you will see there is an option to print.
Then I am baffled as the bank's lawyer knows the form was sent in and there is the Court Order setting out your entitlement.
Your lawyer has to tell the bank's lawyer that you will take them to Court.
There is no other way as there is too much at stake.
I guess that is what I should do then
I can't find the box to print
Do you see the share button?
It may not come up until you accept and the chat ends.
But I think it will be at the bottom, maybe at the right.
I don't see it from my end.
okay than you it nice to hear something positive in all this craziness
What I can do is send a message to the admin asking them to email you and tell you what to do.I don't work for the site so i cannot see what you can see.
thank you that would be awesome
Well it will be resolved for sure. His death was tragic of course but it doesn't mean you lose out on what is lawfully yours.
As soon as the chat ends I can contact the admin.
Thank you now do I hit accept and that ends our discussion