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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100983
Experience:  Lawyer
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My husband set me as beneficiary of two life insurance

Customer Question

My husband set me as beneficiary of two life insurance policies, but forgot to put it also on his will. The will specifies that all the residue of his property (excepting the house bequested to me) go to his children from a previous marriage: this specifically includes registered and unregistered savings plans, retirement income funds, TSFA, deferred profit sharing plans, fixed annuities and any other tax deferred plans. Under those conditions, who casher the life insurances?
Thanking you for your advice
Submitted: 1 year ago.
Category: Canada Law
Expert:  Kirk Adams replied 1 year ago.

Hi - I'll transfer this to the Canada law category.

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I should have mentioned that we are residents of Quebec; the laws are different here from those of the rest of Canada.
I wonder if I could get my answer as an e-mail instead of a text message on my phone.
Thanks again
Expert:  Debra replied 1 year ago.

I am sorry for your loss.

The life insurance undoubtedly goes to you. It should not have been mentioned in the Will as it is not an asset of the Will and the Will would not apply to it.

The life insurance only vests in the estate where the estate is the beneficiary and here it is not.

There is no question about this. It is not a grey area at all.

Does that answer your question?

Customer: replied 1 year ago.
your answer is very clear
Expert:  Debra replied 1 year ago.
Great.If we are done please rate me before you leave the site so that I can receive credit for my work.Thanks and take a good care.