Does naming a trust as my RRSP beneficiary help my estate avoid probate?
It can, but it depends on how the trust is structured and how the designation is made. If you name a trust, such as one set up for a disabled child or minor grandchildren, directly as the beneficiary of your RRSP in the plan documents themselves, the proceeds can generally pass directly to that trust outside your estate, avoiding probate and Ontario's Estate Administration Tax on that amount, similar to naming an individual beneficiary directly.
The tax result is different from naming a spouse, though: because a trust for someone other than a spouse generally isn't eligible for the spousal RRSP rollover, the RRSP's value is typically still included as income on your terminal return even though the proceeds themselves skip probate. In other words, this can help you avoid the probate tax and process on that asset, but it doesn't avoid the income tax the RRSP triggers at death the way a spousal designation can.
Because the probate benefit and the income tax result work independently of each other, and the trust itself needs to actually exist and be properly named at the time of the designation, this should be planned with your lawyer and the RRSP plan issuer together, not assumed automatically.
Key takeaways
- Naming a trust directly as RRSP beneficiary can let the proceeds bypass probate and EAT.
- This is separate from income tax — the RRSP's value is typically still taxed on the terminal return.
- A trust for a non-spouse doesn't get the same tax deferral a spousal designation would.
- Confirm the designation is properly made with both your lawyer and the plan issuer.