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September 8, 2010
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YOUR RIGHTS

Inheritance Lost!

By Peter Lillico

A letter from his bank reminded Matthew Shaw that one of his Guaranteed Investment Certificates (GICs) was coming due. But Matt, 80, shook his head at the low re-investment rate, mentally calculating his diminished return.

On the way to his bank the next day, he noticed that another financial institution was advertising its GIC rates at .5 per cent higher.

At his own bank, Matt pointed out the competition’s rates, but representatives said the rates were set by head office. So for the first time in his life, he took his business down the street.

You Can’t Take It With You
A couple of years later, Matt went to his reward. His children, Peg and Mac, were his executors and beneficiaries. Peg and Mac did a very capable job of selling his condominium, liquidating his investments, dealing with taxes, paying bequests to charities and ultimately dividing the estate assets between themselves, just as Matt had wanted.

Another bank letter arrived a year later, at Matt’s old condo. The new owner glanced at it. It was from Matt’s new bank, reminding of an imminent renewal of the GIC. Peg and Mac, for all their expertise, had never thought to check the bank down the street. Why would they? In his papers, there was no bank book or other record of the transaction, nor any cancelled cheque to tip them off about the purchase. Their dad had always dealt exclusively with his own bank, so far as they knew, and he had never mentioned a change to them.

The new condo owner dropped the bank letter in the wastebasket along with the junk mail. The GIC would never be renewed, and Peg and Mac would never see this part of their inheritance. Poor Matt, if he but knew, would be gnashing his teeth.

Now You See Them, Now You Don’t
If you think this story is unlikely to happen to you or your family, think again. Every year, by law, millions of dollars from unclaimed bank accounts end up with the Bank of Canada. But it’s not just accounts that are at risk: so are unclaimed or overlooked term deposits, Guaranteed Investment Certificates, Canada Savings Bonds, uncashed bank drafts, certified cheques, money orders, safety deposit box contents, even positive balances on credit cards. According to Bank of Canada statistics, more than three quarters of a million Canadian investments are unclaimed and outstanding. We are not talking about loose change here, either. At the end of 2001, some $168 million in lost inheritances were in the Bank’s coffers!
How does this happen? Why would people walk away from their own money? In some cases, no doubt, the owner has simply lost track of or forgotten about a bank account, perhaps when moving from one community to another. Another explanation is a loss of mental capacity by an owner. If so, the investment and asset information can be very difficult to piece together by others. It’s likely that many unclaimed balances arise when, as in Matt’s case, a family member has passed away and the executor is not aware of the existence of an account or investment, so never looks for it.

No matter how the inactivity arises, federal law requires the original bank to send a reminder letter to the owner at his or her last known address after two years of no customer transactions. If there is no response, another letter is sent at the five-year point. This will normally be sufficient to jog the memory and lead to recovery, but not always.

If the owner has moved without a forwarding address, or becomes incapable, or has died, the reminder letters will not be of much practical use.

After nine years, a third reminder letter is sent, and finally, after 10 years of no owner activity or response, the funds are sent by the customer’s bank to the Bank of Canada. There, all amounts over $500 are kept indefinitely, until claimed. Amounts under $500 are retained for a further 10 years (20 years in total, including the time at the customer’s bank), but then these smaller amounts are forfeited to the federal government.

Charity Begins At Home
No doubt the government is very grateful for the forfeited loot. Most citizens, however, would much prefer to have their own hard-earned moneys, large or small, remain with their loved ones. There are several steps to take to avoid gifting the federal government with the family inheritance.

Avoid The Squirrel Syndrome
The best way to prevent forfeiture of your money is to not lose it in the first place. Many of us have several bank accounts, some of which may be relatively inactive. Often people deal with more than one financial institution for investment, either to take advantage of preferable rates or to avoid having all eggs in one basket. There is nothing wrong with this, but, like squirrels mislaying their winter trove of nuts, people do lose track of their money.

Simplify your life. Reduce the number of your bank accounts, consolidating several small scattered investments into fewer, larger ones. Arranging for bills to be paid by automatic withdrawal and for pension and other income moneys to be deposited directly makes life easier, and leaves a clear paper trail for others to follow.

This easy and inexpensive step pays a big bonus. You will benefit by reducing the amount of time and effort writing and depositing cheques, reading statements and reconciling accounts. Your executors will bless you for making their job easier and more certain. Finally, your beneficiaries will be relieved that parts of their inheritance will not be diverted to the Bank of Canada!

Keep The Family Informed
Every family has its secrets, but where you bank and invest shouldn’t be one of them. You should let your family know, at least in general terms, of these matters. This is particularly important if you change financial institutions or start working with another investment adviser. If you don’t share the information, you run the risk that valuable assets may go unclaimed.

Words To The Wise
If you’re prudent, you’ll write down a brief but thorough record of your financial institutions and accounts. You don’t need to specify account numbers and investment particulars, since these may change. You do need to identify the branch of the banks you deal with, and the name and address of any financial adviser who manages your investments. Keep this list in an accessible place, such as your desk drawer, file cabinet, or bedside table. There you will see it now and then, and be reminded to update it as needed. As well, your attorney (under a power of attorney, if you become incapable) or your executors (by your Will, if you pass away) will locate it sooner rather than later. This will save them time and reduce the risk of overlooking an important asset.

Back-Up Plans
Executors and attorneys have a crucial role to play in preventing forfeiture, too. If you are settling an estate and are not 100% certain you know where every bank account and investment might be, then it’s smart to:
• Go over previous bank statements carefully for account activity. A direct deposit item might be simply a pension payment, but it could also be a clue to the existence of an investment that is paying interest automatically.
• Review past tax returns for income information. T5 information slips will tip you off as to income received and from what source, even from an investment that may not come due for several years.
• Normally, mail is redirected by Canada Post at the request of the executor or attorney for a period of 6 months. This may be too short a time for tax information slips, investment records and bank reminder letters to be sent out. Allow for at least one year from date of death or incapacity to be certain you know all there is to know; two years is even safer.
• Check with the Bank of Canada when you take over as executor or attorney to find out if there are any unclaimed accounts waiting to be recovered. Check again after 10 years – if you did miss an account or investment initially, the Bank will return it to your tender care upon request. (See sidebar: Getting Your Own Back)

Don’t Be A Loser!
Elephants aside, no one’s memory is perfect. Whether you are an executor for an estate, are acting as attorney, or are simply concerned that you may have left some money behind you on your travels through life, don’t be a loser. Check with the Bank of Canada to locate any lost inheritance or leftover loot. It won’t cost you much in time or money, and the government’s loss may be your gain!