The applicants sought an order directing the estate trustees to pay them their designated shares of the deceased's RRIF and TFSA accounts.
The deceased had designated her four children as equal beneficiaries of the accounts, but later executed a Will containing a standard clause revoking all prior testamentary dispositions.
The court held that under s. 52(1) of the Succession Law Reform Act, a revocation in a Will is only effective if it relates expressly to the designation.
Finding that the standard revocation clause did not expressly reference the designations, the court concluded the designations were not revoked and ordered the funds distributed accordingly.