The double-edged sword of naming beneficiaries

Naming beneficiaries on your various investment accounts can play a crucial role in financial and estate planning, offering a straightforward way to transfer them directly to chosen individuals when you die. But while this tactic is beneficial in many scenarios, it also comes with complexities worth considering.

 

Understanding beneficiary designations

Beneficiary designations are common with certain types of investment accounts, like RRSPs (Registered Retirement Savings Plans), RRIFs (Registered Retirement Income Funds) and TFSA (Tax-Free Savings Accounts). These accounts allow the account holder to name individuals who will directly inherit those assets.

In addition, all investment products issued by life insurance companies, including non-registered accounts, can have beneficiaries named. These beneficiaries can be either “revocable” or “irrevocable”, the latter meaning that no changes to the designation or cash withdrawals can be made without the beneficiary’s consent.

 

Advantages of naming beneficiaries include:

  • Avoiding probate fees: Especially significant in jurisdictions like Ontario, where probate fees can reach up to 1.5% of an estate’s value, naming a beneficiary allows these assets to bypass the probate process, potentially saving significant money in fees.
  • Speed of asset transfer: With beneficiary designations, assets can be transferred quickly to beneficiaries without waiting for probate, which can be beneficial in times of backlog, like during the COVID-19 pandemic when the probate process was delayed.

 

While saving time and money are definite advantages of naming beneficiaries, designations can conflict with the terms of a will, leading to potential unintended consequences. Here are some examples to consider:

  • Inconsistent estate plans: If a beneficiary designation conflicts with a will’s instructions, the most recent document generally takes precedence. This can lead to complications if changes are made to one document and not the other.
  • Tax implications: Some accounts, like RRSPs, may have tax implications upon the death of the holder. Although assets pass directly to the designated beneficiaries, the associated taxes are typically the responsibility of the estate. This means that beneficiaries could refuse to pay their fair share of taxes from the remaining assets.
  • Exclusion of heirs: In cases where a beneficiary predeceases the account holder and no updates are made, the remaining beneficiaries to that account may inherit the deceased beneficiary’s share. This could potentially exclude the intended heirs of the deceased beneficiary — like a spouse or children — from receiving their portion of the assets.

To avoid these pitfalls, it’s crucial to carefully plan and regularly review both beneficiary designations and estate documents.

 

Some strategies to consider to help avoid problems later on

  • Make sure your documents are consistent: In other words, that beneficiary designations align with the overall intentions expressed in your will. Regular reviews, especially after major life events like marriages, divorces or the death of a family member, are important.
  • Consider tax implications: Lean on your advisor or another financial or estate planning professional to help you understand the tax responsibilities associated with different accounts so your estate has enough liquidity to cover taxes without unfairly burdening any beneficiary or heir.
  • Legal guidance: Work with an estate planning professional to craft a comprehensive plan that considers all potential outcomes, so there are clear instructions for any scenario that may arise.

While naming beneficiaries can be a powerful tool in estate planning, it should be carefully integrated into your broader financial plan. Regular updates and professional advice are key so your plan reflects your wishes without resulting in unintended consequences.

 

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