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A Registered Education Savings Plan (RESP) is a popular and useful way to save for a child’s or grandchild’s post-secondary tuition, including government matching contributions known as the Canada Education Savings Grant (CESG). But what happens if the RESP subscriber dies. Is the RESP safe? Will the intended beneficiary receive the funds? Will the CESG portion be lost?

This blog post is intended to help executors and beneficiaries appreciate the variety and multitude of issues that can affect a probate application and administration of an estate. This potential for issues is well demonstrated in the recent Court of Queen’s Bench decision in Pullen (Re). The post will analyze three issues featured in the Pullen decision- (1) interpretation of contracts that impact the distribution of the estate, (2) executor compensation and (3) who is responsible for the legal fees of estate litigation- to emphasize the importance of consulting a wills and probate lawyer in Calgary from First West Law LLP when administering an estate.