Calmusky v Calmusky and Mak (Estate) v Mak: What is the Status of Beneficiary Designations and the Presumption of Resulting Trust in Ontario?

Calmusky v Calmusky and Mak (Estate) v Mak: What is the Status of Beneficiary Designations and the Presumption of Resulting Trust in Ontario?

Many of you may be familiar with the decision of Calmusky v Calmusky, 2020 ONSC 1506, as it caused quite a stir in the estate planning and estate litigation world last year. In that decision, the court considered a RIF designation, and whether the presumption of resulting trust applied to that designation. The outcome was controversial, and has been the subject of much discussion in the last year and a half.

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