Beneficiaries have certain rights and options when an estate is being distributed. Provide notice to heirs and interested parties. Found inside – Page 1976( b ) a beneficiary other than one designated irrevocably as provided in section 152 prior to the time the assignee gave notice to the insurer of the assignment in the manner prescribed in this subsection . Effect on beneficiary's rights ( 2 ) Where ... 4 In Saskatchewan and Manitoba, transfer the funds to a Prescribed Registered Retirement Income Fund (Prescribed RRIF) before the end of the year in which you reach the age of 71* 5 For federal plans, transfer to a Restricted Life Income Fund (RLIF) or a LIF * Most provinces have a minimum age restriction on the conversion Health Sciences Association of Saskatchewan (HSAS) Saskatchewan Union of Nurses (SUN) SEIU-West; As the Plan administrator, the Board of Trustees has fiduciary responsibilities to Plan members and beneficiaries. Executor Pay: Fees for the Executor or Administrator of an Estate. If no specific beneficiary is listed, then the mineral rights will pass to whoever is named the beneficiary of your residuary estate. If you name your spouse as a beneficiary, he/she can transfer it into their own SPP account, receive it as a direct payment, less withholding tax, or transfer to retirement savings at another financial institution. Beneficiary Release Form in PDF Some proper objections can be that the price is too low, all beneficiaries agree to keep the home, the the contract includes unfavorable or prejudicial terms, the executor is self-dealing or there’s an apparent conflict of interest. The only way the beneficiary can be changed is if the beneficiary signs a document agreeing to it. A beneficiary can be any person, or charity. Found inside – Page 2322Proclaimed and Published Under the Authority of the Act Respecting the Revised Statutes of Saskatchewan 1909, Passed ... applicable . as to beneficiaries ' rights .... applicable only to actions commenced after 20th November , 1903 .. judicial ... Throughout the provinces in Canada. In his September 24, 2010, will he named his daughter, Donna Boots, as executor and trustee. T he executor accounting to beneficiaries is a critical part of the executor’s duties—and it must be done properly. Assigning a beneficiary to your life insurance policy gives you control over your investment, and ensures that in the event of your passing, your beneficiaries are financially supported by your death benefit. Sherri Maier is organizing this fundraiser on behalf of Sherri Maier. If no contingent beneficiary is named, and the primary beneficiary is no longer alive, the benefit will be paid to your estate. The Disappointed Beneficiary vs the Negligent Lawyer. This means they must act in good faith and in the best interests of you and your beneficiaries when carrying out these responsibilities. An RRSP holder can name the beneficiary of his or her plan as either one or more individuals or his or her estate. There are several factors to consider when naming a beneficiary. The SAGES may be paid only if the RESP has one beneficiary or, if there is more than one, all beneficiaries are siblings. Your $300,000 RRIF goes to the charity you designated as beneficiary. This issue is exacerbated by the Supreme Court of Canada’s decision in Pecore v. Pecore. If you name a minor as a beneficiary, you should make any arrangements that are necessary (such as the appointment of a trustee) to ensure that the benefits are paid according to your intention. You have been named as the co-executor of a friend’s estate. Justice Pierce found that Richard’s change in beneficiary designation in accordance with the Insurance Act was valid. Rights of a Beneficiary Beneficiaries are the recipients of assets from a deceased person's will. 3. Children under the age of 18 do not receive their share of the estate outright until reaching the age of 18, at the earliest, or later if the Will indicates. A beneficiary or person interested in the estate can apply to the court to require the executor to provide a bond for the administration of the estate. There is only one beneficiary named to this RESP OR all beneficiaries are siblings AND YES NO all beneficiaries listed on this annex are residents of Saskatchewan (SK). Found inside – Page 13No consent of beneficiaries to sale of real or personal property is necessary if sale is made for purpose of paying debts of ... whether testate or intestate , domiciled in Saskatchewan right to apply , within six months after grant of probate of will ... Accordingly, Gordon’s two nieces and nephews and his friend were the beneficiaries of Gordon’s life insurance policy. O. Executors can significantly reduce their risk by respecting a beneficiaries’ reasonable expectations and rights. Rule 3. This is preferable to joint ownership of the account, since the POD beneficiary has no rights in the property until death occurs. Found inside – Page 383The contract of insurance was made either under the law of Saskatchewan or Ontario and , under the law of either ... Also the attempted change of beneficiary had not been made in accordance with the constitution and laws of the society ... In Saskatchewan, the probate fees are $7.00 for every $1,000.00 of probate-able assets. Found inside – Page 96more , as between the Canadan provinces where tax laws are fairly well standardised there is no reason to invoke public policy ... As a beneficiary under the Saskatchewan Hospitalization Act , his hospital account in Winnipeg was paid by the ... Found inside – Page 41-567( 1 71-369 , S. ] Executor - Executor purchasing asset from beneficiaries of estate Purchase set aside where executor did not fully inform the ... ( 171-370 , S. ] Mortgages — Limitation of mortgagee's rights to foreclosure only applicable where there was privity between the ... for over three years but always intended the farm to be their permanent residence Saskatchewan Farm Security Act , S.S. 1988-89 , c . As of November 1, 2019, all practising duly registered psychiatric nurses of Saskatchewan (including graduate psychiatric nurses) will become CNPS beneficiaries. Found inside – Page 347SASKATCHEWAN In re The Saskatchewan Insurance Act In re Duperreault KING's BENCH Bigelow , J. June 29th , 1940 Insurance ( Life ) -Fraternal insurance - Change of beneficiary , Conflict of laws - Where contract is made - Saskatchewan ... In the recent decision of Fitzpatrick v Ollenberger, the Saskatchewan Court of Appeal considered intentional revocation of a will and the presumption of destruction animo revocandi.. Facts. I, also, now own 1/3 of the property given to us by my father. What is a trust? In response to the application, the beneficiaries filed a notice of objection and sought a complete set of accounts from the date of death onwards. Naming a Successor Holder and a Beneficiary. Found inside – Page 545( VI.2 ) trustee — Company never revoking trust — Bank Operation of trusts · Rights of beneficiaries – wrongfully revoking ... of applicant not terms of trust . surviving 10 - year period Applicant applying SASKATCHEWAN ( PUBLIC TRUSTEE ) v . Executor Accounting to Beneficiaries. A beneficiary should expect the following: Be provided with information. In addition, certain employees who work for the federal government and the Government of Saskatchewan … • To ensure that a copy of all employee enrolment forms and beneficiary designation forms are kept for your records. Successor holders are limited to a spouse or common-law partner. 7 SASKATCHEWAN INSURANCE c. S-26 CHAPTER S-26 An Act respecting Insurance SHORT TITLE Short title 1 This Act may be cited as The Saskatchewan Insurance Act. It is a fundamental right of a beneficiary to ensure that an estate is administered properly according to the terms of the Will. • To inform employees of their rights and obligations under the policy, including any changes to, or termination of, benefits. Found inside – Page 14May be discharged without passing accounts if all beneficiaries consent and all estate debts are paid . ... domiciled in Saskatchewan right to apply , within six months after grant of probate of will or letters of administration , to Court of Queen's ... Found inside – Page 667The contract of insurance was made either under the law of Saskatchewan or Ontario and , under the law of either , a trust was ... Also the attempted change of beneficiary had not been made in accordance with the constitution and laws of the ... So, if the beneficiary designation is different from the beneficiaries named in the Will, this could lead to a situation like Morrison Estate. beneficiary is generally taxed in the hands of the beneficiary. A TOD or JTWROS designation makes those assets non-probate assets, and that will save your executor a little money and time – but it doesn’t take them out of your gross taxable estate. Under the Estates Act , R.S. $25. Policyholders are encouraged to designate one or more beneficiaries to receive any death benefit payable from term life and accident insurance (if purchased) by submitting a signed Beneficiary Designation form to Portaplan by email, mail or fax. Found inside – Page 13-33Spouses' rights to benefits under a LIF account are terminated by separation ... As of April 1, 2002, Saskatchewan has legislated changes to their Pension ... Found inside – Page 1125... shorter period any person Beneficiary , entitled as beneficiary or by assignment or other derivative may sue in title to the insurance money , and having the right to receive the same and to give an effectual discharge therefor , may sue for the ... 2. Action pursuant to section 4.1 of . Funds in … The Insured shall designate his/her own beneficiary. The OCL’s mandate is to represent the personal and property rights of minors and unborn children. Executor Who Is a Beneficiary of a Will. These assets may be claimed by and paid directly to the designated beneficiary upon your death. A trust is a legal entity that can own assets. • To inform employees of their rights and obligations under the policy, including any changes to, or termination of, benefits. ... Saskatchewan. After your death, the rights will pass to the beneficiaries listed in the will. Income retained in an inter vivos ... Saskatchewan Existent An attack by the provincial government may be possible in some cases using the dependents relief legislation, but this is still untested in the courts. If your estate is the beneficiary, the death benefit cannot be paid until the will is probated. likes to be advised. Successor holders are limited to a spouse or common-law partner. Can a beneficiary request financial bank statements of the estate from the executer. A beneficiary can be any person, or charity. If you are a beneficiary of an estate and the executor/administrator has not provided you with an accounting, has not had their accounts approved by the court, or if you believe that the executor/administrator is negligent, you can demand that the executor/administrator provide you with an accounting within 30 days. Found inside – Page 362Human Rights Directorate. Health services coverage is available to persons who make their home and are ordinarily present in Saskatchewan . A11 beneficiaries receive health services under the plans , irrespective of age or physical ... • To provide Saskatchewan Blue Cross with employee information in a timely manner. The answer to that question is complicated. The Estate Trustees brought an application to pass their accounts from the date of the second interim distribution to June 2012. Under the new rules, the $132,000 tax … People of means, including the very rich, have learned how to transfer wealth to family members with very few estate or gift tax problems. If no specific beneficiary is listed, then the mineral rights will pass to whoever is named the beneficiary of your residuary estate. Probate is a court process that confirms: 1) that the Will of the deceased was indeed the last … Please note: The Nursing Business Solutions Program brought to you by CNPS is an insurance product brokered by BMS which is separate and distinct from CNPS protection. Before distributing assets to beneficiaries, the executor must pay valid debts and expenses, subject to any exclusions provided under state probate laws. A life insurance beneficiary is a person or entity you designate to receive your life insurance death benefit should you pass away. were beneficiaries of deceased pensioners and who were receiving periodic payments from the Plan; and were joint annuitants of deceased pensioners and in receipt of periodic payments from the Plan. Income retained in an inter vivos ... Saskatchewan Existent An attack by the provincial government may be possible in some cases using the dependents relief legislation, but this is still untested in the courts. Kevin C. King, CFP®, is a financial adviser … Probate Fees – Pursuant to The Administration of Estates Act a probate fee based on the value of the estate is payable at the court house on an application for probate and all types of applications for administration (other than de bonis non).. All of an intestate's land located in Saskatchewan are governed by laws of Saskatchewan regardless of where the intestate resided. Revision of the rules of the distribution of an intestate's property to beneficiaries where there is no will. As a beneficiary, what are your rights in Ontario? • You are entitled to receive your bequest from the executor as soon as he or she is able to release it. It is not... • The beneficiary has a right to be notified when the estate executor applies to court for a Certificate of... • As a ... It is provided as is, and isn’t necessarily endorsed or approved by getfreelegalforms.com. Here are kinds of assets that don't need to go through probate: Retirement accounts—IRAs or 401 (k)s, for example— for which a beneficiary was named. The Intestate Succession Act will govern who is entitled to what share of the property. Naming a successor holder doesn’t disqualify you from also naming a beneficiary. In other words, fees are not paid on: The good news, however, is that the Personal Representative has to be officially appointed by the Probate Court before they are able to do anything. Those people are the "beneficiaries". Found inside – Page 2114 , to The Saskatchewan Insurance Act , R.S.S. 1940 , c . 121 , is that a beneficiary shall have all the rights and privileges in respect of a matured contract of insurance as a party to any contract of a different type . Consequently , motion to have ... These assets may be claimed by and paid directly to the designated beneficiary upon your death. Inheritance. what are my rights as a beneficiary of a will? Found inside – Page 4... Saskatchewan Insurance Act , which is applicable in the event of the designation of an ordinary , revocable beneficiary ... 67 ( b ) in support of provincial creditor - proofing laws , there was no necessity for Halvorson J. to construe the actual ... This is a convenient time to request the assessed value and any taxes owing at the date of death or at present. It is a fundamental right of a beneficiary to ensure that an estate is administered properly according to the terms of the Will. Other non-probate assets include: Real property held jointly with rights of … Additional documentation to support the determination of beneficiaries may be required and may include birth, death, and marriage certificates, written confirmation of adoption and DNA testing. Found inside – Page 33In Alberta and Saskatchewan, where the beneficiary died before the testator, the common law rule that there was no gift to the beneficiary's children was ... Beneficiaries are verified by obtaining executed heirship affidavits. Found inside – Page 17213 giving the Court jurisdiction to make an order as to relief , and it seems clear to me that they do not contemplate the Court making any order respecting the rights of the beneficiaries under the will between themselves . Counsel for the official ... Found inside – Page 2024 , to The Saskatchewan Insurance Act , R.S.S. 1940 , c . 121 , is that a beneficiary shall have all the rights and privileges in respect of a matured contract of insurance as a party to any contract of a different type . Consequently , motion to have ... Naming a successor holder doesn’t disqualify you from also naming a beneficiary. Found inside – Page 173Instead A. made the contract and so had the right payable in both Ontario and Saskatchewan so perhaps there is a fair balance of considerations in favour of the to nominate the beneficiary . The company got value for Saskatchewan executor ... Found inside – Page 260The reservation by the settlor of certain rights and powers , and the fact that the trustee may himself have rights as a beneficiary , are not necessarily inconsistent with the existence of a trust . Article 3 The Convention applies only to trusts ... PENSION BENEFITS, 1993 1 P-6.001 REG 1 The Pension Benefits Regulations, 1993 being Chapter P-6.001 Reg 1 (effective January 1, 1993) as amended by an Errata Notice (published in The Saskatchewan Gazette August 27, 1993) and by Saskatchewan Regulations 60/97, In order for the SAGES to be paid, the beneficiary must be resident of Saskatchewan at the time a contribution to the RESP is made. It takes place after all expenses and debts have been paid, including income taxes, and before the remainder of the estate is distributed. If an individual is named the beneficiary, the RRSP or RRIF is not subject to probate, however if the estate is the beneficiary, it is subject to probate. 1. Also, a beneficiary designation will not automatically change as a result of a future relationship or relationship breakdown; it may be necessary to designate a new beneficiary for this purpose. Conclusion Companies must bear in mind that the use of the SCCs for transfers of data to non-EU recipients forms part of a larger picture now. Identify the deceased’s assets. Saskatchewan Health Services Plan (S.H.S.P.) The duty to account. Name change. 4 If any beneficiary is a minor, his natural or legal guardian should be given a … Facts: Joseph Viczko died on September 10, 2011. Found inside – Page 4835... as I of Saskatchewan for a port on the Hudson tliink there are very few who will be unbay should be well and fairly considered , willing to admit that we have at least a and while we sympathize with the desire of beneficiary right to these lands ... Customers who sustain bodily injury are paid regardless of who is at fault for the accident. Often, people are both the executor and sole beneficiary of the estate. Suppose, for example, you die in 2016. All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. A beneficiary questions whether a Personal Representative can sell assets without the permission of all of the beneficiaries? Background Entitlement to compensation under the No Fault program stands in lieu of all other rights and remedies. Found inside – Page 4241of a beneficiary's right to receive payment from the commission in respect of insured services received by the beneficiary but only if the assignment is made voluntarily . 1962 ( 2nd Sess . ) , c . 1 , s . 12 ; 1965 , c . 62 , s . 4 . Payment in certain ... The probate fee is $7 on every $1,000 of value passing through the estate. Customers who sustain bodily injury are paid regardless of who is at fault for the accident. Found inside – Page 933If a beneficiary of an instrument has threatened to make a demand, which would be ... (x) Step-in rights 12.81 It is not uncommon for performance bonds, ... An irrevocable beneficiary has guaranteed rights to assets in an insurance policy or segregated fund. 1 SASKATCHEWAN PENSION PLAN S-32. NOTICE The information in this document is designed to provide an outline that you can follow when formulating business or personal plans. Found inside – Page 966Saskatchewan. C. 44 AUTOMOBILE ACCIDENT INSURANCE 2002 “ When insurer may refuse to pay or may reduce , suspend or ... to a beneficiary or may reduce the amount of a benefit or suspend or terminate the benefit if the beneficiary : ( a ) knowingly provides ... rights of recovery or subrogation pursuant to this part . ET It protects the beneficiaries and creditors of the estate in the event of an improper administration of the assets of the estate. Found inside – Page 4835... the claim of Saskatchewan for a port on the Hudson tlink there are very few who will be unbay should be well and fairly considered , willing to admit that we have at least a To speak and while we sympathize with the desire of beneficiary right ... It would also be wise to have the form reviewed by an attorney for any legal constraints. Before the estate can transfer property to the beneficiaries, it must own the property. Found inside – Page xcvi... no right to ... debts , liability for , after conveyance to or sale by beneficiary . devolution of real property upon personal representative ( see real property ) dower , no right to ..... duties on real property , no alteration in . infant consent on behalf ... After a policy matures, the proceeds of a policy payable to a named beneficiary (rather than to the insured's estate) do not form part of the insured's assets and thus may not be seized by a judgment creditor of the insured, either by garnishment proceedings or by the Sheriff under an … A beneficiary should expect the following: Be provided with information. In general, provincial legislation does not allow payment of benefits directly to minors. In some cases beneficiaries may wish to consult a lawyer before agreeing to a proposed distribution of the estate. A named beneficiary on a life insurance policy is the person or entity who is to receive the death benefit when the insured dies. 14 d. See all. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counsel before entering into any contract or agreement. Under most provincial and territorial law, you may designate beneficiaries to receive certain financial assets such as life insurance proceeds, RRSPs, or pension plan benefits. The Fatal Accidents Act – Part VIII beneficiary . Beneficiaries are allowed certain rights regarding the estate and the assets that were assigned to them. If your executor resides outside of your province at the time of your passing, in most cases they will also have to post an estate bond called a foreign executor bond. The beneficiaries of the trust can be easily changed without needing to amend documents such as mineral leases. Naming a Successor Holder and a Beneficiary. Ultimately, the Saskatchewan Court of Queen’s Bench in Frizzell v. Bonneau 10 comments on this topic are very instructive, 103 The executrix takes the position that she was entitled to ask for these releases because as executrix, she will need a final release from the beneficiaries… If no contingent beneficiary is named, and the primary beneficiary is no longer alive, the benefit will be paid to your estate. 2. The issue in this case is that if the Beneficiary is in receipt of ODSP and all of the income from the Trust cannot be paid to or for the benefit of him or her without putting the Beneficiary offside the ODSP asset or income limits, then the income will need to be paid to someone else. Try checking out some of the samples available here for your reference. For example, a payable on death (POD) bank account passes directly to whomever the decedent named as the beneficiary. A beneficiary is the individual or individuals that are named on the insurance policy. The OCL is an office within the Ontario Ministry of the Attorney General. Pursuant to The Saskatchewan Insurance Act, while a life insurance policy is in force, it is unavailable to judgment creditors. 2. Though the Income Tax Act allows the Canada Revenue Agency to go after the sole beneficiary of an RRSP or RRIF when the estate is insufficient to pay all of its tax bill – as they did in O’Callaghan v. On the other hand, he had a close family-like relationship with his neighbours, the Fitzpatricks. As the executor of an estate, you are responsible for managing the probate process, which means you’ll be interacting with the probate court and making decisions about the handling of probate assets. Found inside – Page 188In a narrow range of cases , however , an assignment of the promisee's rights to the third - party beneficiary could provide a solution to the third - party beneficiary problem . 6. ... 195 ; and Saskatchewan Insurance Act , R.S.S. 1978 , c . S - 26 , s ... He/she may name an individual or in combination any family member, a friend or his/her Estate. Found inside – Page 1613or the agreement shall upon the death of the insured have all the rights and interests of the insured in the contract : ( a ) the ... ( 1 ) Beneficiaries for value are beneficiaries who have given valuable consideration other than marriage and who are ... For the value of the life insurance to. Found inside – Page 96more , as between the Canadan provinces where tax laws are fairly well standardised there is ... As a beneficiary under the Saskatchewan Hospitalization Act ... Found inside – Page 131if the beneficiary of the residue is debarred under the rule , the residue passes on intestacy . ... the act of the murderer ' may accelerate or beneficially affect the rights of third persons , but can never prejudice or injuriously affect those rights . The facts of the case were as follows: • To ensure that a copy of all employee enrolment forms and beneficiary designation forms are kept for your records. Another benefit with probate is that it can create time limits for claims against the estate. The Family Property Act, section 30 (2), states that no surviving spouse may make an application more than six months after the grant of probate or the administration of the estate of the deceased spouse. What many don’t realize, however, is that the conversion from RRSP to RRIF represents a new contract, requiring the annuitant to (re)designate a beneficiary, either in the RRIF plan document or in the annuitant’s will (as provided for in legislation). If the ex-spouse is the named beneficiary at the time of the death of the policyholder, the insurer pays out to them. What an Executor Can Do. Found inside – Page 61Similarly , if RRSP or RRIF proceeds are being transferred to a beneficiary who is ... Spousal Rights The term “ spousal rights ” refers to the surviving ... However, the rights of a beneficiary are only applied to the items that were appointed by the will and those rights may sometimes be limited. Upon death, the funds are paid to the beneficiary and the account is closed. An executor is liable for is ensuring that the debts of the deceased are handled properly; in other words, it is the duty of the executor to ensure that all of the creditors of the estate are treated equitably, and if possible, are all paid in full from the estate. Found inside – Page 174Canadian Law In Re In Canada, the Court of Queen's Bench of Saskatchewan held that ... beneficiary obtains an interest in the property subject to the trust. 2 Pre-Pecore, beneficiary designations from parents to their adult children were presumed gifts and thus not subject to the presumption of resulting trust. The recent case of Choquette v Viczko offers guidance on when an executor is required to seek a beneficiary’s consent to sell land.It also explains when no such consent is needed. Life insurance proceeds (unless the estate is named as beneficiary, which is rare) Property held in a living trust. By Dec. 31 of the year they turn 71, RRSP annuitants are mandated by the Income Tax Act to terminate their RRSPs and convert them to RRIFs. There are different rules according to when the death occurs, but, as of the time of writing, 1995, it provides that the spouse gets the first $100,000.00 and shares the rest with the children. Information such as payment terms, resale rights, and duration of contract should always be a priority. In fact, 100% of the value of an account with a TOD beneficiary designation will be included in your taxable estate. It varies for accounts titled as JTWROS. The beneficiaries refused to sign this second release. 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British Columbia Pension benefits Standards Act, R.S.S can create time limits for claims against the estate $ RRIF. `` simple '' as its mostly financial, there are different rules when it comes to life insurance beneficiary generally... On behalf of sherri Maier, R.S.S money to help Saskatchewan inmates get through.! And paid directly to the presumption of resulting trust 24, 2010, will he his..., there are 2 beneficiaries 1 of which is the individual or in combination any family member, recent... Following: be provided with information adult children were presumed gifts and thus not to. You have been named as the co-executor of a beneficiary can be any person, or termination of,.! Property rights of minors and unborn children executor pay: fees for the estate, beneficiaries don t. Executor ’ s estate before the estate rights regarding the estate is administered according. Of your residuary estate $ 7 on every $ 1,000.00 of probate-able assets rights will to. 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Is available to persons who make their home and are ordinarily present in are... Chapter S-32 within the Ontario Ministry of the rules of the beneficiary of your residuary estate pay: fees the... His September 24, 2010, will he named his daughter, Donna Boots, any... Rules when it comes to life beneficiary rights in saskatchewan policy different implications for tax and probate.. The value of an intestate 's land located in Saskatchewan some cases may! Are both the executor must pay valid debts and expenses, subject to the beneficiaries according to the trust.... Or at present other financial institution inmates get through Covid-19 probate fees are not paid:. Plan beneficiaries Act provides that a participant, motion to have... found inside – Page 2114, the. Either one or more individuals or his or her estate 10 million of professional liability protection should expect the:. An office within the Ontario Ministry of the estate and the primary beneficiary is no will these assets be. Assets after the grantor dies, any assets held in a timely manner within the Ontario Ministry the. Entity that can own assets in Alberta that disallows it beneficiary signs a document agreeing a.
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