In the recent case of Cowper - Smith v. Morgan, 2015 BCSC 1170 the plaintiff successfully set aside
a joint tenancy on the basis of undue influence.
Before reaching a final conclusion concerning the exclusion of property in this case, it is necessary to address the question of the impact of the parties» decision to hold title to the Home in
joint tenancy on the result.
Not exact matches
Examples of will substitutes include: life insurance, retirement accounts, annuities, custodial accounts, trusts, government savings bonds, property held by
joint tenancy, property transferred by deeds of title or gifts, and payable -
on - death or transfer -
on - death accounts.
My accountant says that he can count the condo as my mom's primary residence, but I have to pay capital gains tax
on the cottage even though we have
joint tenancy.
Q: I have
joint tenancy with my mother
on two properties — a condo in Toronto and a cottage in Kawartha Lakes.
For example, you can easily name beneficiaries
on your own, title assets as
joint tenancy with right of survivorship
on your own, and even create your own trust using an online service such as Nolo.
CDs: Hold property in
joint tenancy with right of survivorship (or as
tenancy by the entirety if owners are spouses), transfer title to a revocable living trust, or name a payable -
on - death beneficiary.
Money Market Accounts: Hold property in
joint tenancy with right of survivorship (or as
tenancy by the entirety if owners are spouses), transfer title to a revocable living trust, or name a payable -
on - death beneficiary.
Joint ownership of property whether it be in joint tenancy, tenants - in - common, or as a strata owner in a complex, is becoming increasingly common and more complex as time goe
Joint ownership of property whether it be in
joint tenancy, tenants - in - common, or as a strata owner in a complex, is becoming increasingly common and more complex as time goe
joint tenancy, tenants - in - common, or as a strata owner in a complex, is becoming increasingly common and more complex as time goes
on.
Joint tenancy is where more than one person owns real property and the property passes automatically on the death of one joint owner to the surviving joint ow
Joint tenancy is where more than one person owns real property and the property passes automatically
on the death of one
joint owner to the surviving joint ow
joint owner to the surviving
joint ow
joint owners.
Joint tenancy is a very common practice but it can be fraught with problems and difficulties if the parties aren't clear
on what is supposed to happen with the jointly held asset.
Normally, in addition to the documentation required one would need either «Letters Testamentary» or «Letters of Administration» to establish that the executor had the authority to transfer the car (unless the car was originally titled in
joint tenancy with right of survivorship, or with a transfer
on death title, with the executor listed).
b. Unity of time: the
joint tenancy must start and end
on the same date for all the
joint tenants (end date being the death of the final
joint tenant, who will / should have passed through will / trust to an heir the title interest;
MacLean Law's top rated
joint tenancy family home dispute lawyers just reviewed a recent case
on this more unusual situation.
Based
on the facts of this case, it would appear that in most family law cases where division and equalization of
joint property is addressed in a meaningful way, the conduct of the parties will point to a severance of
joint tenancy.
The court rejected the son's claim largely
on the basis that the parties had not intended a beneficial
joint tenancy and granted the son a one - third beneficial interest under a constructive trust.
Severance of a
joint tenancy may be achieved in one of three ways: 1) unilaterally acting
on one's own share, such as selling or encumbering it; 2) a mutual agreement between co-owners to sever; or 3) any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a
tenancy in common.
On the other hand, in respect to the real estate that was also put into joint names as joint tenancy because the husband indicated on the transfer of ownership to he and his wife that it was being done for «natural love and affection» (to avoid land transfer tax among other things) the wife retained her 50 % ownership interest of the real estat
On the other hand, in respect to the real estate that was also put into
joint names as
joint tenancy because the husband indicated
on the transfer of ownership to he and his wife that it was being done for «natural love and affection» (to avoid land transfer tax among other things) the wife retained her 50 % ownership interest of the real estat
on the transfer of ownership to he and his wife that it was being done for «natural love and affection» (to avoid land transfer tax among other things) the wife retained her 50 % ownership interest of the real estate.
For real property, the
joint ownership can be
joint tenancy, which passes to the survivor
on the death of one of the
joint owners; or it can be held jointly as tenants in common, which means that
on the death of one of the
joint owners his or her undivided one - half of the interest is part of the estate of the deceased co-owner.
It depends
on the type of
joint tenancy.
A probate estate may be necessary depending
on the type of
joint tenancy.
There was nothing inherently unsound in the concept of using discretionary nil rate band will trusts to enable both nil rate bands to be used, or in severing the
joint tenancy of the family home to provide an asset to go into the will trust
on first death.
By Jennifer Samara Shuber A recent Ontario Superior Court of Justice decision has confirmed that placing a property in
joint tenancy means sharing the property equally
on... Read more
The wife could not sever
joint tenancy by a will because
on her death the property went to the husband by right of survivorship in
joint tenancy.
Broker held a power of attorney for a creditor bank which was foreclosing
on a property held in
joint tenancy with the plaintiff.
Vesting 101 A presentation
on the basics of vesting and explanation of different methods of taking title such as Sole Ownership,
Tenancy by the Entirety,
Joint Tenants with Rights of Survivorship, and
Tenancy in Common and proper parties to contracts and types of typical deeds.