If both parents who jointly held an RDSP for their child die, who becomes the new holder?
When both joint holders of an RDSP die, a new holder has to be appointed before the plan can continue operating, since an RDSP always needs an active holder in place. Who steps in depends on the beneficiary's own situation and existing legal arrangements. If the child has since reached adulthood and has the legal capacity to manage their own affairs, they may become their own plan holder. If they don't have that capacity, someone with legal authority over their property needs to take on the role. This could be a legal guardian of property appointed under Ontario law, or in some cases another family member recognized under a specific federal provision, depending on what's available at the time.
Because this situation sits at the intersection of Ontario guardianship and decision-making law and the federal rules governing who can hold an RDSP, there often isn't a single automatic answer. The RDSP issuer will need to see whatever legal documentation exists, or have one obtained, before recognizing a new holder.
Families in this situation should contact the RDSP issuer as soon as possible after both holders' deaths, and get legal advice about establishing guardianship or another form of authority if nothing is already in place.
Key takeaways
- A new holder must be established before an RDSP can continue after both holders die.
- An adult beneficiary with legal capacity may become their own holder.
- Otherwise, a guardian of property or qualifying family member may need to step in.
- Contact the RDSP issuer promptly and get legal advice if no authority is already in place.