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Dying intestate with a life policy

Brittany (Edmonton)

I have a child who is going to be 5 in March 2024 and his Father passed away in March 2023. Unfortunately he died intestate. At the time of his death his father and I were not together and had separated in August 2020.

Sunlife, his benefits company through work, has contacted me stating that he listed my son and his other child as the beneficiaries of his life insurance policy; however, he did not sign the form. So currently they are unable to pay out his life benefits. They do have me listed as the Trustee to his beneficiaries and gives me 2, maybe 3 options and I am trying to figure out what is the best/easiest option for me to proceed with to ensure the life policy is paid out to his surviving children.

The options they gave me are as follows:

1. Take steps to be named as the estate representative
2. make a claim for the life proceeds on behalf of the estate, or

it may also be possible to waive the estate's rights to the proceeds and to direct payment (on the estates behalf), to the children in trust.

Can you provide me with any advice on which would be the best option to proceed with?


0 4 months ago

Reena Herian - Accord Family Law (Edmonton)
   Society President

Is there another person who is taking steps to be named as the estate representative? Have you talked to them about this?

0 4 months ago

Brittany (Edmonton)

Currently no one from his family has stepped up or even indicated they are interested.

0 4 months ago

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