You swaved in your TFSA…What happens if you die?

BY ANDREW STEWART

A husband and wife each have a TFSA. He has maxed out his contributions to his TFSA, she has not. Each is named successor holder on the other’s TFSA. Husband passes away.

Wait a minute what is a successor holder?

We’re always advised to make sure whenever possible to have beneficiaries designated on accounts. When it comes to the almighty TFSA we have another option. Similar to naming a beneficiary on life insurance policies you can name almost anyone as a beneficiary on your TFSA such as your spouse/partner or a dependent child or grandchild. You can name multiple beneficiaries and allot percentages of your assets to each.

There are lots of benefits to having a beneficiary designated on your account. It helps expedite things after you pass. It helps your loved ones to access cash and investments faster. It helps avoid probate fees. And it helps keep assets from entering the estate and getting held up in the estate process.

You can name a beneficiary for any TFSA, but you can also name a successor holder. If a TFSA holder names their spouse or common-law partner as the successor holder, then on the death of the TFSA holder, the spouse essentially becomes the new owner and the tax-exempt status of the TFSA is maintained. All of this is done without affecting the TFSA contribution room of the spouse. It is clean, simple, and seamless.

The Income Tax Act only allows the tax-exempt status of the TFSA to be passed on to a spouse or common-law partner who is a successor holder; this is different from a beneficiary. The successor holder can maintain two separate TFSA accounts afterward, or, better yet, consolidate the deceased spouse or common-law partner’s TFSA with their own.

The TFSA is a powerful account, it can be used to help fund retirement, or it can be used to help optimize government benefits. Not everyone can be named a successor holder. Only spouses and common-law partners can be named a successor holder. Brothers, sisters, parents, children, friends, etc. can be named a beneficiary on a TFSA but not a successor holder.

Which strategy is best when you want your spouse to inherit your TFSA assets? Consider designating your spouse as a successor holder along with a backup beneficiary or beneficiaries such as your children or siblings. That way not only are you providing for a seamless transition of your TFSA assets at death for your spouse, but in the unfortunate event that you both happen to die at the same time, your non-spouse beneficiary or beneficiaries will receive the funds outside of your estate, saving probate fees and time.

If you’re like most people, it may have been years since you initially set up the designated beneficiary or successor holder when you set up your TFSA originally. Or not at all especially if you opened your account back when they were introduced in 2009. Your circumstances may have changed during that time. There’s no harm in double-checking with your adviser or financial institution and making any needed changes. And for those of you just getting started, now you know the difference between the two appointments. If you’ve never invested in a TFSA before, you could have up to $75,500 of TFSA contribution room from 2009-2021.

If you are single and have no spouse/common-law partner or children, you can name your parents as beneficiaries. As a reminder if you name a spousal successor and other individuals as beneficiaries, the beneficiary designation will only take effect if the successor holder has passed away.

Happy Investing & Estate Planning!