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Fallow Gould LLPKingston, ON · June 29, 2026

Whose Money Is It? When an RESP Becomes a Trust

Lessons from Grightmire v. Grightmire, 2026 ONSC 3416 By David P. Gould, Fallow Gould LLP — Estates Litigation Open a Registered Education Savings Plan (RESP) for a child and many people assume the money now "belongs" to that child. The law in Ontario has generally said otherwise. In most cases, an RESP remains the property of the subscriber who opened and controls the plan. Yet in Grightmire v. Grightmire, 2026 ONSC 3416, the Court found that four RESPs were held in trust for the...

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