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ARTICLE · 15 MARCH 2022

What Effect Does A General Revocation Clause In A Will Have On Prior Beneficiary Designations?

Pallett Valo LLP
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Alger et al. v. Crumb 2021 ONSC 6076, a recent decision of the Ontario Superior Court of Justice, provides an answer to this question.

CanadaFamily and Matrimonial
Jesse Porter
Jesse Porter
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Alger et al. v. Crumb 2021 ONSC 6076, a recent decision of the Ontario Superior Court of Justice, provides an answer to this question.

In Alger,  the will provided for the revocation of "all prior Wills, codicils and other testamentary dispositions made by me."

The general expectation among practitioners when using this type of revocation language is to revoke only prior Wills and codicils and similar testamentary documents, not to revoke prior beneficiary designations such as those made for RRSP and RIF proceeds. In other words, it was generally understood that a beneficiary designation could only be revoked by express reference to a particular designation, or designations in general.

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