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Answered in 1 hour by:
5/30/2012
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,416
Experience: 25 years in practice
VerifiedTom Law :
Hello.
Tom Law :
I am sorry you are going through this.
Tom Law :
I would contact CRA now and ask that the cheque not be issued as described.
Tom Law :
I am not sure what they need (today) to establish your right as the beneficiary. But, once convinced, they should issue a cheque just to you.
Tom Law :
This was a probated Will?
Tom Law :
You need a clearance certificate?
JACUSTOMER-2g66zxfm- :
The will was not probated. My sister had been ill most of her life but because she worked for BC Teachers Federation she had a pension that was paid into via BCTF and she received disability. Outside of her monthly cheques that mostly covered her care she didn't have anything else of value. They have already received a copy of the will, all of my id to prove my identity etc. They said that because there was no beneficiary names on her pension (which I wan't aware of), then the cheque has to be issued to the estate. I was told that I needed a clearance certificate by my accountant. What is the purpose of the clearance certificate as it is obvious that she is deceased and there haven't been any outstanding debts as all she had to pay was her care which was taken care of monthly (I had administered for her last 20 years).
Tom Law :
The clearance certificate basically lets you off the hook for any unpaid taxes.
Tom Law :
You should always listen to your own professionals. I cannot second guess. I am not your accountant nor your lawyer. All I can do is offer general advice.
Tom Law :
But, there should be no tax with hold on your facts and the cheque should be written to you alone in my opinion.
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