# Pension and Death



## Michelle (Jun 11, 2015)

This scenario is a bit complicated. I have a previous post under "Taxation", titled "Joint bank accounts on Death" regarding a friend I am helping with her mother's estate. Unfortunately, no will can be found or known to have been made.

The mother had listed her common-law partner as her beneficiary on her work pension, which included an RPP and DPSP. The couple lived in Nova Scotia, but never completed a "Domestic Partnership" with the province.

The partner applied for the RPP and DPSP pensions, but filled out the paperwork incorrectly, so the money was never received. Unfortunately, he died (without a will) prior to having this corrected.

Does anybody have any experience or know where the money goes now that he has passed without receiving the funds? There were no other beneficaries listed and he has two biological daughters, and my friend was a step-daughter. 

Should the money go to her mother's estate, or does it go into the partner's estate? I have looked for information on this site, google searches, as well as CanLii, but I cannot find documentation that advises what happens, legally under these circumstances.

The only thing I can find is if the beneficiary dies before the pension holder, the money would go into the pension holders estate.


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## ian (Jun 18, 2016)

Speak to the company pension administrator.

Or, if a unionized workplace, a union rep may have some insight/experience

Still confused....seek professional advice. You will probably need to end up here in any event so it might be a good idea to go there in the first place. And, as I mentioned in a previous post.....get on with it. The longer this is delayed, the more difficult it may become. 

Seems to me that anecdotal information or direction will not help you with this. In fact, it may do the opposite.


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## sags (May 15, 2010)

The partner was the legal beneficiary so the pension funds belong to his estate. They will pass on to his immediate family.

The delay in collecting the funds and the fact he died without a will doesn't change the legal process.

There are occasions where a sibling challenges a will and courts will consider a division of the assets contrary to the will, but in this case a specific beneficiary was named for the pension funds and no other will exists or contradicts the assignment of the specific beneficiary.


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