Using Joint Tenancy for Estate Planning
Joint Tenancy vs. Tenancy In Common Explained
Joint tenancy and tenancy in common are the two most common forms of concurrent property ownership in Canada. In a joint tenancy, the “four unities” of title, interest, time and
The Nature of a Joint Tenancy
The nature of a joint tenancy includes the right of survivorship, which is it’s principal distinguishing characteristic. In Zeligs v Janes 2016 BCCA 280 the court described the right of
Joint Tenancy vs. Tenancy in Common
Zeligs v James 2016 BCCA 280 describes the nature of and differences between a joint tenancy and a tenancy in common. In my experience, the general public as a poor
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 joint tenancy with her son without his knowledge, and held
Transfer of Property Registered After Death Valid
Chung estate v. Chan 1995 BCJ 2195 was a decision of the BC Court of Appeal that held that a transfer of real property from a deceased person to himself
5 Survivorship Rules Under WESA
Survivorship is concerned with the factual question of determining the order of death in a common disaster between family members . Much of estate law is based on a body
Joint Tenancy, Tenancy in Common and the Right of Survivorship
The BC Appeal Court in Zeligs Estate v Janes 2016 BCCA 280 had the following to say about Joint Tenancy, Tenancy in Common and the Right of Survivorship. As people
Joint Account Holders Are Fiduciaries
MacKay v. MacKay Estate,2015 ONSC 7429, held that one joint account holder may serve as a fiduciary in relation to the other simply via the traditional indicia of such a
Watch Out For Phony Joint Tenancies
One of the problems with joint tenancy ownership is that while the registered title might reflect joint ownership, the true beneficial owner might be one of the registered owners are
The Pitfalls of Joint Tenancy
The Pitfalls of Joint Tenancy For many years estate planners have advised their clients to transfer their assets into joint tenancy ownership with loved ones so they may inherit by