Joint Tenancy & Property

Joint Assets

Spousal Separation Severs Joint Tenancy

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

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

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

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

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…

Partition of Property: Minority Interest

The Supreme Court has a discretion under the Partition of…

Partition and Sale of Property Refused

In Kane v. Hanslo 2017 BCSC 2393 a claim for…

Severance of Joint Tenancy

Was Joint Tenancy Severed?

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

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…

Severance of Joint Account by Conduct

In  Zeligs v Janes 2016 BCCA 280 the BC Court…

Was Joint Tenancy Severed?

A joint tenant may sever a joint tenancy with or…

Using Joint Tenancy for Estate Planning

Intention of Transferor Determined at Time of Transfer

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

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…

Joint Account Holders Are Fiduciaries

MacKay v. MacKay Estate,2015 ONSC 7429, held that one joint…