Not exact matches
If there is no surviving joint subscriber, an RESP contract becomes part of the
estate of a deceased subscriber and, if proper planning is not in place, the contract's value belongs to the
residuary beneficiaries of the
estate (for more on this, see «Quebec laws are different,» below).
So, the value of that interest will likely belong to the
residuary beneficiaries of the
estate unless the joint subscriber appoints a successor subscriber by will.
Accordingly the special costs at 75 % in favour of both the
estate executors and the
residuary beneficiary were awarded.
One further relevant factor was that when the executors had realised all the funds would not be used they had distributed funds to the
residuary beneficiaries, and therefore there were only limited funds left in the
estate.
The appellant's counsel also challenged the ability of the trial judge to order the appellant to pay the
estate back for the expenses, arguing the
residuary beneficiaries should have to sue the appellant, as the
estate could be unjustly enriched by the expenditures.
Entitled person means a client or an entitled third party and entitled third party means a
residuary beneficiary absolutely and immediately entitled to an inheritance where solicitors have charged the
estate for their professional costs of acting in the administration of the
estate and either the only personal representatives are solicitors: (a) whether or not acting in a professional capacity; or (b) acting jointly with partners or employees in a professional capacity.
Probably the commonest solution is for the will to provide for the children or other
beneficiaries to be given «the maximum amount of cash which I can give without incurring any liability to Inheritance Tax» (or similar words), ie the NRB, and for the wife or partner to be given the
residuary estate — probably including the testator's
estate or interest in the matrimonial or quasi-matrimonial home.
As
residuary beneficiaries under Harold's will, Judy and Glenn have an interest in proceedings that could result in the movement of assets from Harold's
estate to Cherie's
estate.
If proceedings brought by Cherie's litigation guardian against Harold's
estate are successful, Judy and Glenn could stand to gain more as
beneficiaries with one - quarter interest each in Cherie's newly increased
estate, as opposed to
residuary beneficiaries under Harold's will.