Vic’s Law Blog
CANADA LAW NEWS
Law is perpetually evolving. Lawyers must too.
Learn about the latest legal issues, cases, and news in Vic’s law blog.
B.C. Homes, Joint Tenancy, & Deeds of Gift in Wills & Estates Litigation.
As the baby boomer generation slowly and sadly passes, unfortunately, they are uncertain about what to do with their family home; particular issues arise when they to leave (or more appropriately, “bequeath”), the family home to some, but not all, of their children.
In this instance, the home owner has a number of options. This article focuses the two most frequent options utilized: joint tenancy and deed of gift.
Undue Influence, Joint Tenancy, the Right of Survivorship, & the Family Home
Undue Influence is a legal doctrine to prevent elder individuals from being taken advantage of by others; most often, their children or spouses.
The deceased in this case had six children and left no will; she had passed away in 2015. Three years prior to her death, at the age of 81, the deceased purchased a home with her youngest child (“Brad”) naming him as a Joint Tenant; Brad did not contribute any monies to the purchase of the home yet was named as a Joint Tenant. As Madam Justice D. MacDonald described: “Brad and [the Deceased] had an unconventional mother/son relationship. He spent almost every day with [the Deceased] from 2002 until her death in 2015. After they moved to the Sunshine Coast, Brad was [the Deceased’s] only companion. She had little contact with her other children after they moved.