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Wills & Estates

What is the difference between a primary and a contingent beneficiary in Ontario?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

A primary beneficiary is the person named to be paid first, and a contingent beneficiary is the backup named to take that share if the primary beneficiary has died. Naming a backup matters because the first person you name may not outlive you. The insured can name themselves, their estate or a beneficiary, either in the contract or by a separate declaration.

If the contract or declaration does not say who takes a deceased beneficiary's share, it goes to the surviving beneficiary, and several survivors share it equally. If none survive, it goes to the insured or the insured's estate. A contingent beneficiary named in the policy is the policy's own answer to that question.

Unless the designation is irrevocable, the insured can alter or revoke it at any time by a declaration. An irrevocable designation is different, because while that beneficiary is living the insured cannot change it without the beneficiary's consent. An insurer may also restrict or exclude in the contract the insured's right to name beneficiaries. Because the details depend on your policy wording, it is worth confirming with a lawyer before you fill in or change a form.

Key takeaways

  • A primary beneficiary is paid first, and a contingent beneficiary is named to take the share if the primary beneficiary has died.
  • If the policy does not say who takes a deceased beneficiary's share, it goes to the surviving beneficiaries equally, and to the estate if none survive.
  • Unless the designation is irrevocable, the insured can alter or revoke it at any time by a declaration.
  • An insurer may restrict or exclude in the contract the insured's right to name beneficiaries, so check your policy wording.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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