Mr. A, who died intestate holding an unmatured RRSP and other assets, left his spouse ("Mrs. A") and two children as heirs. If the children renounced their interest in the estate in favour of Mrs. A, could Mrs. A and Mr. A's legal representative elect under s. 146(8.1) to deem the amount paid out of Mr. A's RRSP to Mr. A's legal representative to be received by Mrs. A as a benefit that would be a refund of premiums? CRA responded:
Such renunciations could not be considered disclaimers for the purposes of the Act because they would be transfers of property from some of the intestate heirs (Children A) to Mrs. A and would not be a transfer as a consequence of Mr. A's death. However, if the renunciations of Mr. A's estate by the Children A had not been made for the benefit of someone, but had been legally valid outright renunciations that complied with the specifications of subsection 248(9), we are of the view that they could have been transfers as a consequence of Mr. A's death.