Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law
This answer was rated:

My father in law recently passed away. Before his passing,

he revealed to my wife...
My father in law recently passed away. Before his passing, he revealed to my wife his RRSP's and life insurance policy and ensured her that she and her sibling(they were estranged) will be well taken care of.
On his RRSP policy, it shows that "no beneficiaries listed" on each of his monthly statements(I have the past several years). The financial institution before realizing the RRSP's to the estate apparently found some document from 25 years ago stating that only my wife's sibling is the sole beneficiary to the entire RRSP. They claim the statements not showing the beneficiary is simply a error on their part, but insist they are paying out to her sibling. Do we have a case or grounds to pursue action against this financial institution for their "error" ? Needless to say, my wife's sibling is refusing to share any of the RRSP with my wife.
There is no will.
Thanks for your time.
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 5 minutes by:
10/18/2016
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,543
Experience: Lawyer
Verified

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question

I am sorry to hear this.

Did the bank get out the documentation where your father-in-law designated the beneficiary? Is that the document they were talking about?

And are they certain no other document was ever filed to change that?

Ask Your Own Canada Law Question
Customer reply replied 1 year ago
They refuse to now deal with me, and state that they only need to talk with the beneficiary/my sibling. They appear to be certain its the only document they found. At the time, my sibling would have been 15, I would have been 11. I find it very hard to believe that in 25 years, with the changing of investments, etc there would not have been an update of beneficiary. Also, I can say with 100% certainty that if my father in law knew that the only beneficiary listed was 1 of the 2 children, he would have updated it. My wife has been his primary contact for the last several years.

This post is a bit puzzling because I think you are writing for your sife.

But you are saying they will only speak to your wife's sister?

Did you see the document because it is not possible to designate a minor so it seems that a Trustee would have been appointed as well. Was that not the case?

Are there any other assets in the estate? I know there was no Will.

Ask Your Own Canada Law Question
Customer reply replied 1 year ago
Sorry for the confusion, I am now the wife typing, my husband started off asking you. You are correct - They are stating that they will only speak with her now because she is the beneficiary.I have not seen the document - I figured there was something amiss about designating a minor, so I am happy to hear you agree with this. They have not said anything about a Trustee listed, and because I can't see the document I cannot verify either way. I am currently attempting to get a copy of the document as I am a co-executor of his estate.There are no assets really...he rented and did not own any property, or any possessions worth any large amounts of $$$. The only large item is this RRSP in question.

So did you apply to administer the estate? I am just wondering because there are no real assets but you are saying you are co-executor?

And will your sibling not provide the document?

Ask Your Own Canada Law Question
Customer reply replied 1 year ago
at the start of the ordeal my sister and I were on the same page(a "pull together one last time to get this done" deal with her) and we both applied and were granted co-executors of his estate. Not being overly familiar with the process, we thought this was the best route to go. Also, because there was no will, we needed something in order to gain access/control on bank accounts, credit cards, etc.
Since she has basically said she is not splitting any of the money with me, and now is refusing to talk to me at all - so short answer, its not likely for her to give me the document(or ask the bank to get them to give me the document). I am fighting with the bank on the grounds that I am the co-executor still, so I should be still entitled to get a copy of any documentation...they have said they have to talk to their legal department first - this is where I am stuck waiting at this point.

So their legal department will tell them to give you a copy of the document.

The reason why is that as executor you are essentially standing in the shoes of your father and can do all he could do when living. When living he was entitled to a copy of that document.

Otherwise you will need to apply to the court for an order.

I find all of this a bit strange because what happens normally is that a minor has to have a trustee designated and then when the child reaches the age of majority this is changed.

As well, it seems odd that in all these years your father never turned his mind to this and also that the bank never asked him to renew the designation.

It is also unusual that the bank statements would have this error.

So the bank may have to be compelled to do another and more thorough search to ensure that there has not been a more recent designation.

It is also simply disgusting and unethical for your sibling to be acting this way but you don't need me to tell you that. Money has a terrible way of making some people show their true colours.

If the bank refuses to provide the document you will need your own lawyer unfortunately.

Does this help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question

Is there anything more I can help you with at this point in time?

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,543
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,543
102,543 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

102,543 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I just been alerted that my summons was not done to the
Dear ***** I just been alerted that my summons was not done to the proper rules of the court is there any way that you could advise me on how to do my summons properly please see the two attached I ha… read more
Debra
Debra
Lawyer
102,543 satisfied customers
I am a permanent residence card holder in canada,i am about
Hi,i am a permanent residence card holder in canada,i am about to apply for citizenship but my son got charge with possession of marijuana under 30gram and he is 17years old,so i dont know if it will … read more
Debra
Debra
Lawyer
102,543 satisfied customers
Our current lawyer is telling us that our fathers estranged
Our current lawyer is telling us that our fathers estranged son might be entitled to some of the estate. He was not mentioned in the will. He has been estranged for +20 years, is there any obligations… read more
Debra
Debra
Lawyer
102,543 satisfied customers
Hy! No I want information about Canadian kids who living in
No I want information about Canadian kids who living in foster care want to bring their mother in Canada from Pakistan.. Is it possible and how plz … read more
Debra
Debra
Lawyer
102,543 satisfied customers
Are you in canada? I am in Ontario. Im not sure. I received
im not sure. I received a phone call about an accident that I was involved in christmas eve. the officer on the phone was very threatening plus I had just woken up. … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,124 satisfied customers
I have a court order to appoint a Parenting Coordinator. The
i have a court order to appoint a Parenting Coordinator. The PC is suppose to receive drug testing. Overnights were suppose to happen starting in November however my daughter refuses to spend the nigh… read more
Debra
Debra
Lawyer
102,543 satisfied customers
Thank you. So how should I base his child support amount?
Thank you Debra.So how should I base his child support amount? What if I want the retro pay of 3years? I dont think I can from what I am hearing from him. Would I forget about the hear say income he m… read more
Debra
Debra
Lawyer
102,543 satisfied customers
I'm from Canada... Iwonder if you can help me with a claim
Hi! I'm from Canada... Iwonder if you can help me with a claim against Expedia that happend in Mexico … read more
Debra
Debra
Lawyer
102,543 satisfied customers
I'm a Mortgage Agent with the Mortgage Centre and I helped a
Hello there, I'm a Mortgage Agent with the Mortgage Centre and I helped a client with a mortgage and charged the client a broker fee, the Letter of Direction was signed by client and this LOD was sent… read more
Debra
Debra
Lawyer
102,543 satisfied customers
The company I work for was brought out by an larger firm.
the company I work for was brought out by an larger firm. they offered me a new contract with a small increase which I was told to cover the differance in the benefit package. they change my hours fro… read more
Debra
Debra
Lawyer
102,543 satisfied customers
I have had a tenant on a per month basis for a little over
I have had a tenant on a per month basis for a little over two years. He is a recovering alcoholic and unbeknownst to me, has had six crisies - the final one required my calling his contacts to check … read more
Debra
Debra
Lawyer
102,543 satisfied customers
If I was accused of a criminal act with a promise to appear
if I was accused of a criminal act with a promise to appear date but no charges filed and no finger prints taken am I allowed to leave the country as long as I am back before the appear date? … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,124 satisfied customers
I have a question about what my options are in going and
Hello, I have a question about what my options are in going and getting my piece of property back from a person that made a verbal agreement to pay me in full, by payments, and then stopped paying me … read more
Debra
Debra
Lawyer
102,543 satisfied customers
I have a lodger who moved in last week. He is on ODSP and
I have a lodger who moved in last week. He is on ODSP and has not yet paid rent for January. It has also been witness that he is crushing pills and snorting the residue up his nose. I want him out imm… read more
Debra
Debra
Lawyer
102,543 satisfied customers
I have a question about a will - I am the executor of my
I have a question about a will - I am the executor of my mother's estate, she passed away almost 3 years ago. There are two beneficiaries, myself and my sister. My sister and I are estranged. It is a … read more
Debra
Debra
Lawyer
102,543 satisfied customers
I had a girlfriend move in 26 months ago. When she sold her
I had a girlfriend move in 26 months ago. When she sold her condo she said she wanted to switch out her appliances for mine. She sold her condo appliances included. Out relationship has ended and she … read more
Debra
Debra
Lawyer
102,543 satisfied customers
I've inherited my mother's portion of a parcel of land in
I've inherited my mother's portion of a parcel of land in Ontario and need to know the steps to remove her from the title and add me. The land is co-owned with my 2 cousins. I live in Alberta and my M… read more
Debra
Debra
Lawyer
102,543 satisfied customers
I am a Canadian Citizen, born and raised, but am currently
Hello,I am a Canadian Citizen, born and raised, but am currently living and working on a visa in South Korea. I have made an agreement to sell my home and am wondering what I need to do to complete th… read more
Debra
Debra
Lawyer
102,543 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x