Wealth Transfer Strategy 2
There are times when leaving an inheritance to a spouse1 outright may not be the best choice. For example, you may want to make sure that children from a previous marriage receive an appropriate bequest after your spouse passes away. Or you may be faced with a situation in which your spouse is physically or mentally incapacitated or vulnerable.
In these cases, enacting a straightforward strategy called the registered retirement income fund (RRIF) successor annuitant2 or Joint Life option allows you to retain greater control over how your RRIF is handled after your death.
How does it work?
When you name your spouse as your RRIF beneficiary, the RRIF can be transferred to your spouse on a tax-deferred basis on your death. With some contracts, your spouse will assume complete control of the RRIF as the successor owner and the contract will continue. This means that your spouse will begin to receive an income stream and be able to exercise rights under the contract, including the rights to change the beneficiaries, adjust the payment stream, or cash in the investments.
When you name your spouse as the successor annuitant or Joint Life, your spouse also assumes control of the RRIF as the successor owner on a tax-deferred basis. However, by designating irrevocable beneficiaries, who aren’t your spouse, you can preserve the tax deferral and give your irrevocable beneficiaries a say in the management of the assets that will ultimately pass to them.
Naming irrevocable beneficiaries effectively restricts your spouse’s ownership rights, and your spouse will need the written permission of the irrevocable beneficiaries to change the beneficiaries, increase the income stream, or cash in the investments. Meanwhile, if the successor annuitant or Joint Life (your spouse) predeceases you or no longer qualifies as your spouse at the time of your death, then the contract terminates and the death benefit will be paid directly to the irrevocable beneficiaries.
These features can make the RRIF successor annuitant or Joint Life option an attractive strategy in certain specific situations outlined in more detail below.
Married with children from a previous marriage
You may want to provide an income stream to your spouse after your death, but at the same time make sure that children from a previous marriage receive any assets remaining in the RRIF on your spouse’s death. Naming your spouse as the successor annuitant or Joint Life and your children as irrevocable beneficiaries means your spouse will receive the periodic payments after your death but will need the kids’ consent to cash in the policy, increase the income stream, or change the beneficiary designations, thereby protecting their residual interest.
Spouse is incompetent
If your spouse is incompetent due to either physical or mental illness, your spouse will be unable to name a beneficiary when assuming ownership of the RRIF. This means that the RRIF would pass through the spouse’s estate and may be subject to probate³ (and the resulting fees, delays, and lack of confidentiality), challenges to the will, and claims by estate creditors. If you name your spouse as the successor annuitant or Joint Life and designate beneficiaries (whether revocable or irrevocable), you can make sure that on your spouse’s death, those funds will flow outside the estate and pass directly to the named beneficiaries.
Protecting your spouse
Perhaps you’re concerned that your spouse may cash in the entire policy and, as a result, fall short in meeting future living expenses. Alternatively, you may worry that your spouse will be a victim of fraud or coercion resulting in the misuse of their funds to their detriment.
Naming your spouse as the successor annuitant or Joint Life and designating irrevocable beneficiaries means that the irrevocable beneficiaries would have to authorize any withdrawals or changes in payments. The irrevocable beneficiaries can make sure that the income stream changes to match your spouse’s needs and that the investments aren’t cashed in and spent.
You must be sure that you won’t want to change the irrevocable beneficiaries. Once named, the requirement for their consent to make changes to the RRIF contract applies immediately and restricts you, as the owner, as well as any successor owner, such as your spouse. For example, their approval is needed if you want to increase the income stream during your lifetime.
Furthermore, don’t name minors as irrevocable beneficiaries as they’re unable to give consent until attaining the age of majority, resulting in the contract being essentially frozen until that time.
As with any RRIF, on the death of the surviving spouse, a tax liability will be created in the spouse’s estate. Depending on the amount of payments received by your spouse before death, the tax liability of the estate may be disproportionate to the benefit received by your spouse and no funds flow to your spouse’s estate. If it’s not your intention to have your spouse’s estate pay these taxes, alternatives should be considered when the surviving spouse is named as the successor annuitant or Joint Life on the RRIF. While a few choices are available for addressing the tax liability, life insurance is often a good option.
Note: For RRIF contracts held in nominee name or on book, naming a successor annuitant or Joint Life may not be available and must be verified with the particular dealer.⁴ Also, it’s not possible to name an irrevocable beneficiary with nominee name contracts or on all locked-in RRIFs, whether held in client name or nominee name.
- You want to provide income to your surviving spouse during his or her lifetime but give the remaining assets to your children.
- Your spouse is or may become incompetent due to mental or physical illness.
- You have concerns that your spouse may cash in the entire investment and fall short in meeting future expenses.
- Designate your spouse as the successor annuitant or Joint Life.
- Designate beneficiaries, either revocably or irrevocably, where appropriate.
This strategy is free and the paperwork is easy, but everything must be completed in the correct order.
Your advisor can help you decide if the RRIF successor annuitant or Joint Life option is right for you.
1 Includes a spouse or common-law partner as defined by the Income Tax Act (Canada) 2 A successor annuitant can be named for contracts that don’t hold the IncomePlus Series, Manulife RetirementPlus, or Manulife PensionBuilder, and the Joint Life option is available for contracts holding the IncomePlus Series, Manulife RetirementPlus, or Manulife PensionBuilder. The successor annuitant or Joint Life must be the spouse or common-law partner, as defined by the Income Tax Act (Canada), of the annuitant. Only one person can be named as the successor annuitant or Joint Life and the Joint Life can’t be changed. Refer to the applicable information folder, contract, and Fund Facts. 3 Probate doesn’t apply in Quebec. 4 Naming a successor annuitant or Joint Life may not be supported by dealers or may have additional restrictions or limitations.
The commentary in this publication is for general information only and should not be considered investment or tax advice to any party. Individuals should seek the advice of professionals to ensure that any action taken with respect to this information is appropriate to their specific situation. The Manufacturers Life Insurance Company is the issuer of the GIF Select IncomePlus and Manulife PensionBuilder insurance contracts and the guarantor of any guarantee provisions therein. Any amount that is allocated to a segregated fund is invested at the risk of the contract holder and may increase or decrease in value. Manulife, Manulife Investment Management, the Stylized M Design, GIF Select IncomePlus, Manulife RetirementPlus, Manulife PensionBuilder, and Manulife Investment Management & Stylized M Design are trademarks of The Manufacturers Life Insurance Company and are used by it, and by its affiliates under license.