What every testator should know about naming beneficiaries in a Canadian will
Beneficiary clauses should distinguish specific gifts from the residue, handle predeceasing beneficiaries with express failure plans, and use formal identifying details so institutions can pay without ambiguity.
A beneficiary is simply the person or organisation who receives a gift under the will. In a clean will, beneficiary designations fall into two groups: specific gifts (an heirloom, a sum of money, a named property) and a share of the residue — the pool of everything that remains once specific gifts, debts, taxes, and estate expenses have been satisfied. Mixing the two muddies the math and invites disputes.
Every gift should have an express "if they cannot take" clause. Plain alternatives are: the gift passes to the named beneficiary's descendants by representation; or the gift is divided among the other named beneficiaries pro rata. Without a failure plan, a lapsed gift falls into the residue or, if the residue fails, into intestacy — both of which can produce counter-intuitive outcomes.
Identify beneficiaries formally. Use the full legal name for individuals and, for charities, the full registered name along with the CRA business/registration number if available. A gift to "the Cancer Society" is an invitation for litigation; a gift to "Canadian Cancer Society / Société canadienne du cancer, CRA Registration No. 11882 9803 RR0001" is not.
Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.
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