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Example
John was 42
when he was killed in an automobile accident. He left a wife
and two children and an estate valued at $500,000. John and
his wife Sara were joint tenant owners of their home in Calgary.
John had neglected to make a will. After John and Sara had
married, John had thought about naming Sara as the beneficiary
on his Registered Retirement Savings Plan (RRSP) and changing
the beneficiary on his life insurance policy from "Estate"
to Sara, but had never followed up.
Because of
the joint ownership, Sara becomes the sole owner of the family
home, worth $275,000. For the same reason, Sara also becomes sole
owner of the joint bank account (which has a balance of $2,000).
Instead of John's RRSP being rolled into an RRSP for Sara as the
surviving spouse, a special election would have to be filed to
permit the RRSP to be transferred tax-free to her. The life insurance
policy is redeemed and the $50,000 forms part of John's estate.
Although the $50,000 is not subject to income tax, the RRSP and
the proceeds of the life insurance policy are included with John's
bank accounts, and other personal assets (totalling $73,000) in
the calculation of probate fees.
Additional
court costs for naming an administrator to handle the estate further
reduced its value. If John had done some estate planning and prepared
a will, Sara would have inherited everything directly and avoided
the additional court costs, as well as probate fees.
  
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