TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Home/Articles/Wills & Estates
№ 103 Wills & Estates

The Danger of Outdated Beneficiary Designations in Ontario: What You Named at 25 Can Still Control Your Estate at 65

Stale beneficiary designations bypass your will and can hand your RRSP to an ex-spouse or a deceased parent. Ontario guide to reviewing and updating them.

Wills & Estates6 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-06
All articles
Key takeaways
  • When you open an RRSP, TFSA, RRIF, LIRA, or group benefits plan, you are handed a beneficiary form as a formality.
  • Scenario 1: Your Ex-Spouse Receives Your RRSP Divorce revokes gifts under a will in Ontario — but it does not automatically revoke a beneficiary designation on a registered account.
  • Clients who have recently updated their wills often assume everything is in order.

Here is a fact that surprises most people: the name you scrawled on an RRSP application form at 25 — before the marriage, before the kids, before the divorce — can completely override the will you carefully had drafted at 50. In Ontario, beneficiary designations on registered accounts and insurance policies are legal contracts. They distribute assets directly to the named person, bypassing your estate and your will entirely. That is powerful. It is also dangerous when the designation is wrong.

The problem is not that people choose badly. The problem is that they choose once and never look again. A designation filed during HR onboarding, or signed at a bank when you were opening your first account, can sit untouched for decades while your life changes completely around it. Marriage, children, divorce, death of a loved one, a business falling apart — none of these automatically update the form on file.

This article walks through the most common ways outdated designations cause real harm in Ontario, clears up the "my will covers it" misconception, and shows you what a simple annual review looks like.

Why Beneficiary Designations Become "Set and Forget"

When you open an RRSP, TFSA, RRIF, LIRA, or group benefits plan, you are handed a beneficiary form as a formality. You fill in a name — usually whoever comes to mind first — and move on. The account feels like a banking task, not an estate planning task. Nobody follows up to remind you that the form now governs where potentially hundreds of thousands of dollars will go when you die.

The same thing happens with life insurance. Policies bought in your twenties through a broker or an employer often name a parent or a sibling as beneficiary. Then you get married, have children, buy a home — and the policy never gets touched again.

There is no system that automatically invalidates a designation when your circumstances change. The institution holds the form you signed, and when the time comes, they follow it.

Five Scenarios Where a Stale Designation Causes Serious Harm

Scenario 1: Your Ex-Spouse Receives Your RRSP

Divorce revokes gifts under a will in Ontario — but it does not automatically revoke a beneficiary designation on a registered account. If you named your spouse on your RRSP during the marriage and never changed it after the divorce, your ex-spouse may be entitled to collect those funds directly. Courts have occasionally unwound this result in egregious cases, but litigation is expensive and uncertain. Updating the form after separation costs nothing.

Scenario 2: The Named Person Has Already Died

People often name a parent as beneficiary early in life, then outlive that parent. If the designation was never updated, there is no living beneficiary to receive the funds. In that case, the proceeds typically fall to your estate — meaning they flow through probate, get exposed to estate creditors, and are distributed under your will (or, worse, under intestacy rules if there is no current will). The tax deferral and probate bypass that registered accounts are designed to provide disappear entirely.

Scenario 3: An Estranged Family Member Is Named

Life is complicated. Someone who was close to you fifteen years ago — a sibling, a parent, a child from a previous relationship — may now be estranged. If their name is on a designation, the law does not care about the relationship's current state. The funds go to them as written, without the executor having any power to redirect the money.

Scenario 4: A Former Business Partner Is Named on a Key-Person Policy

Key-person life insurance is common in business partnerships. The policy is often set up so that the surviving partner can fund a buyout. But businesses change. Partners split, corporations restructure, buy-sell agreements get renegotiated. If the insurance designation was never updated after the business relationship ended, a former partner could receive a significant payout that was never intended for them — and that your own family never sees.

Scenario 5: A Minor Child Is Named Directly

Naming a child as beneficiary feels natural, but a minor cannot legally receive a direct inheritance in Ontario. If a minor is named and the policyholder dies, the funds do not simply sit in a bank account for the child. The Office of the Children's Lawyer or the Public Guardian and Trustee becomes involved, the money is held under court supervision, and your family has no control over how or when it is released. This is avoidable with a proper designation structure — naming a trustee, setting up a trust under a will, or waiting until the child is an adult and then updating the form.

The "My Will Covers It" Myth

This is the most common misconception in estate planning. Clients who have recently updated their wills often assume everything is in order. But for registered accounts (RRSPs, TFSAs, RRIFs, LIRAs) and life insurance policies, the beneficiary designation is its own separate legal document. It takes priority over the will. Your will cannot redirect funds that have already been contracted to a named beneficiary.

The will governs your estate — the assets that go through probate. Registered accounts with a living named beneficiary generally do not. The only way your will can capture registered funds is if the beneficiary is deceased and no contingent beneficiary was named (see Scenario 2 above). At that point, the account falls to the estate, and your will applies — but now those funds are subject to probate fees and potentially estate creditors. That is rarely what anyone planned.

What a Designation Audit Looks Like

A designation review does not require a lawyer for every step, but it does require you to actually track down the paperwork. Here is a practical checklist:

How Often Should You Review?

The baseline answer is every three to five years, even if nothing has changed. In practice, the more important trigger is a life event: marriage, separation or divorce, the death of a named beneficiary, the birth or adoption of a child, a significant change in your financial picture, or the start or end of a business relationship. Any of these should prompt an immediate review, not a reminder to look at it eventually.

How to Change a Designation

Changing a designation is almost always simpler than people expect. Most financial institutions and insurers have a standard form — paper or online. You complete it, return it, and get written confirmation. A change made by will is possible in some circumstances but is riskier and more likely to be challenged. The cleaner approach is always to change the form directly with the institution.

Frequently asked questions

Does my divorce automatically cancel my ex-spouse's beneficiary designation in Ontario?

No. Under Ontario law, divorce revokes beneficiary designations under a will, but it does not automatically cancel a designation on a registered account or life insurance policy. You must update those designations directly with each institution. This is one of the most important steps to take after a separation — ideally as part of the broader review you do when you update your will.

Can I name my estate as the beneficiary to make sure my will controls everything?

Yes, you can name "my estate" as the beneficiary. The funds will then flow through your estate and be distributed under your will. The tradeoff is that those assets lose the probate bypass they would otherwise have, and they become available to your estate creditors. Whether this is the right choice depends on your circumstances — it is worth discussing with a lawyer as part of your overall estate plan.

What happens if I name a minor child without a trust in place?

If a minor child is named as a direct beneficiary and receives funds, the Office of the Children's Lawyer in Ontario typically steps in to manage the money until the child turns eighteen. You lose any say in how the funds are invested or used. To avoid this, you can name a trustee in your will to hold the funds for your child, or restructure the designation to refer to the trust directly. An estate lawyer can help you set this up properly.

If I update my will, do my beneficiary designations update automatically?

No. A will and a beneficiary designation are separate legal documents. Updating one does not change the other. After every will update, you should run through your beneficiary designations as a separate checklist to make sure they are still consistent with your intentions.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a wills & estates question

Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.

ContactStart a File →