Legal Question in Wills and Trusts in Canada

pre death distribution

When is a distribution of cash to a beneficiary considered part of a bequest in a will


Asked on 3/12/07, 12:25 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: pre death distribution

A cash payment in advance of death is considered part of a beneficiary's share when it is a loan advance and the will contains a clause that all loan advances shall be brought into account and offset from the beneficiaries share on distrucution under the will. Even when the will does not contain such a clause a claim can be made that the payment is a loan and must be repaid.

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Answered on 3/12/07, 1:26 pm


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