The recent Québec Superior Court decision in Noël c. Birk (2026 QCCS 187) provides valuable insights into the distribution of estates that include registered assets, such as registered retirement income funds (“RRIFs”).

  • The case illustrates how tax rules affect the value of these assets and the fairness of their distribution among heirs.
  • It also serves as a reminder of how careful will planning can head off serious disputes down the line.

A will without a specific RRIF clause

The dispute arose following the testator’s death. According to the will, the testator’s surviving spouse and his two daughters were to inherit equal shares of the residue of the estate. However, there was no clause in the will that addressed the registered assets specifically.

In Québec, many married testators include a specific clause bequeathing registered assets, such as registered retirement savings plans (“RRSPs”) or RRIFs, to their surviving spouse. This practice leverages the tax rollover provided by law, which allows these assets to be transferred to a spouse without triggering immediate taxation. It also acknowledges that a latent tax liability will eventually accompany future withdrawals, thereby avoiding any penalty to the surviving spouse at the time of distribution. However, in the testator’s case, the registered assets were not addressed in a specific bequest and were therefore included in the estate to be divided equally.

Dispute over the RRIF’s true value

The liquidator proposed a distribution in which the testator’s surviving spouse would receive the deceased’s RRIF and the two daughters would receive equivalent amounts in cash. The surviving spouse objected, arguing that the RRIF’s face value did not account for the latent tax liability that she alone would have to bear.

Her co-heirs sided with the liquidator, claiming that the surviving spouse changed her position after initially agreeing to the RRIF transfer in 2021. However, the court found that the correspondence did not constitute an agreement as to the RRIF’s distribution value; it confirmed only her consent to the tax rollover.

Estate fairness under the Civil Code of Québec

Justice Girard noted that the liquidator’s role is to propose a distribution plan, and it is then up to the heirs to decide whether to accept it or not. If they cannot agree, the court must protect the testator’s intentions and ensure fair distribution. In this case, the testator’s intentions were clear: he wanted his estate divided equally. The question was whether the shares were truly equivalent in value, not just in appearance.

To reach a conclusion, the court relied on article 851 of the Civil Code of Québec, which expressly provides that fiscal consequences may be considered when composing the shares of an estate. The court also cited specialized secondary sources recommending that the latent tax liability attached to registered assets be factored in. An RRIF does not have the same economic value as a non-registered asset, even if their market values are identical, because the tax burden will inevitably reduce what the heir receives.

Practical guidance for the liquidator

The court found that the heirs had not agreed on a method for calculating the surviving spouse’s share. The court also noted that her objection was raised promptly and not opportunistically. Justice Girard therefore ruled that the liquidator’s proposed distribution did not respect the testator’s intentions or the principles of estate fairness. Justice Girard concluded that the RRIF could be transferred to the surviving spouse but that its value for distribution purposes must be adjusted to reflect the latent tax liability.

To ensure fair distribution, the court ordered the liquidator to hire an independent tax expert to determine the RRIF’s transferable value, considering the tax liability and any taxable capital gains. If the tax rollover is no longer available due to the time elapsed, the RRIF must be deregistered by the estate, and the net proceeds must be divided among the heirs. This decision highlights the importance of acting promptly when administering registered assets.

No finding of abuse

The court dismissed the abuse allegations raised by both parties. Neither the surviving spouse’s objection nor her co-heirs’ claims met the high threshold required to characterize the conduct or proceedings as abusive. The court also rejected the request for the estate’s professional fees to be charged to the surviving spouse.

Key takeaways

This decision highlights the importance of careful will planning when a person owns registered assets. A married testator who wishes for their spouse to benefit fully from the tax rollover would do well to include a specific clause covering these assets to avoid ambiguity.

Without such a clause, as in the Birk case, the heirs and the liquidator must navigate both estate and tax rules to achieve an outcome reflecting the deceased’s intention of equal distribution. The court reminds us that estate fairness is based on the real value of assets, rather than their face value. This pragmatic and nuanced approach is set to become a valuable point of reference for estates that include registered assets.

Looking to better structure the treatment of RRSPs, RRIFs and other registered assets in an estate? Miller Thomson’s Estates and Trusts Litigation group can advise you on best practices.