Using Joint Tenancy for Estate Planning

The Nature of a Joint Tenancy

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

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

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

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
Survivorship Rules Under WESA

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

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

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

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

Joint Tenant Interest Set Aside For Unjust Enrichment

  Joint Tenant Interest Set Aside for Unjust Enrichment Reasons Just because a person is registered as a joint tenant in a parcel of property does not mean that the