Joint Tenancy & Property
Joint Assets
Spousal Separation Severs Joint Tenancy
The estate of Eleanor Maureen Cook 2019 BCSC 417 confirmed that pursuant to S. 81 Family Law act a joint…
At a Glance
Joint Tenancy vs. Tenancy In Common Explained
Joint tenancy and tenancy in common are the two most…
Joint Tenancies- Who Gets What on Death?
The transfer of the legal interest in property into joint…
Partnership Severed Joint Tenancy
In Garland v Newhouse 2021 BCSC1291 a partnership between non-spouses…
Severance of Joint Tenancy- Unilateral Action
A joint tenant may sever a joint tenancy with or…
Spousal Separation Severs Joint Tenancy
The estate of Eleanor Maureen Cook 2019 BCSC 417 confirmed…
Severance of Joint Account by Conduct
In Zeligs v Janes 2016 BCCA 280 the BC Court…
Life Estates
Notaries May Not Draw Wills with Trusts or Life Interests
The BC Court of Appeal upheld a Supreme Court decision that notaries are not allowed to prepare wills in British…
At a Glance
Notaries May Not Draw Wills with Trusts or Life Interests
The BC Court of Appeal upheld a Supreme Court decision…
Life Estate Can Be Partitioned
Aho v Kelly 1998 CarawellBC 1285 held that a one…
Life Estate Valuation
Re: Zarowiecki 1092 CarswellMan 99 dealt with the valuation of…
Adverse Possession
Mowaqtt v BC Attorney general 2016 BCCA 113 dealt with…
Right to Die Case in UK Goes to Britain's Highest Court
From the BBC re the Right to Die Case in UK…
Euthanasia For Terminally Ill Children Proposed In Belgium
Euthanasia For Terminally Ill Children Proposed In Belgium. Further to…
Partition and Sale Property
Partition and Sale of Property Refused
In Kane v. Hanslo 2017 BCSC 2393 a claim for Partition and Sale of property was referred to the trial…
At a Glance
Partition, Distribution of Proceeds, Occupational Rent
Marziale v Adam 2022 BCSC 1308 dealt with the accounting…
Minority Shareholder Oppression
Minority shareholders, or their representatives if deceased, can bring an…
Ouster and Partition of Property
Ouster is an occurrence usually in Partition of Property proceedings…
Courts Must Scrutinize Claims Against Estates
Wharton v McMinigal 2014 BCCA 434 is authority for the…
Certificate of Pending Litigation (CPL)
Blackhall v Andrusko 2018 BCSC 140 discusses the law relating…
Appraisals and Land Valuation
Kumagai v Campbell 2018 BCCA 24 discussed the appraisal and…
Severance of Joint Tenancy
Was Joint Tenancy Severed?
A joint tenant may sever a joint tenancy with or without the consent or knowledge of the other joint tenant.…
At a Glance
Partnership Severed Joint Tenancy
In Garland v Newhouse 2021 BCSC1291 a partnership between non-spouses…
Severance of Joint Tenancy- Unilateral Action
A joint tenant may sever a joint tenancy with or…
Spousal Separation Severs Joint Tenancy
The estate of Eleanor Maureen Cook 2019 BCSC 417 confirmed…
Secret Trust Severed Joint Tenancy
Bergler v Odenthal 2020 BCCA 175 found that a secret…
Trusts Sever a Joint Tenancy
The BC Court of Appeal in Bergler v Odenthal 2020…
Joint Tenancy Severed by Joint Bank Account Withdrawal
In Zelligs v Janes 2016 BCCA 280 the appeal court…
Using Joint Tenancy for Estate Planning
Intention of Transferor Determined at Time of Transfer
In Gully v Gully 2018 BCSC 1590 the court rejected a claim by a mother who transferred her property into…
At a Glance
The Nature of a Joint Tenancy
The nature of a joint tenancy includes the right of…
Joint Tenancy vs. Tenancy in Common
Zeligs v James 2016 BCCA 280 describes the nature of …
Intention of Transferor Determined at Time of Transfer
In Gully v Gully 2018 BCSC 1590 the court rejected…
Transfer of Property Registered After Death Valid
Chung estate v. Chan 1995 BCJ 2195 was a decision…
5 Survivorship Rules Under WESA
Survivorship is concerned with the factual question of determining the…
Joint Tenancy, Tenancy in Common and the Right of Survivorship
The BC Appeal Court in Zeligs Estate v Janes 2016…