• Link to Facebook
  • Link to Instagram
  • Link to LinkedIn
  • Secure Payments
Phone: 250-753-2202
Nanaimo Law | Heath Law
  • Home
  • About Us
  • Mission
  • Lawyers
  • Services
  • FAQ
  • Blog
  • Contact Us
  • Make a Payment
  • Employment Opportunities
  • Personal Injury Lawyers
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Tag Archive for: Joint Tenancy

Estate Planning & Risks of Joint Tenancy

Blog, Homeowner Liability, Property, Trusts And Estates Law

Estate Planning – Considerations when Adding a Child as Joint Tenant to your Property

Many parents put their children on title to their residence as a form of estate planning. While this can help avoid probate fees and possibly assist with ease of administration of an estate, the case of Gully v. Gully, 2018 BCSC 1590 [Gully], demonstrates that parents must be careful when adding children onto title to their residence.

In Gully, a mother added her son as a joint tenant on title to her Burnaby property. She did so based on legal advice she received, including that her estate could avoid probate fees. She did not tell her son that he had been added as a joint tenant to title of the property.

In August of 2017, the son, and his company, consented to a judgment of $800,000.00 in favour of Ledcor Construction Limited (“Ledcor”). Ledcor discovered that the son was on title to the property and registered their certificate of judgment on the son’s undivided half interest in the property.

The mother sought a declaration, amongst other things, that the son held the property on a resulting trust for her estate. The court found that the son did not hold the property on a resulting trust for the estate and permitted Ledcor to retain their judgment on title, ultimately stating:

 [24]        Ms. Gully took a risk in registering her son as a joint tenant on her property. Whether she was properly advised of that risk is not before me. However, once she made the decision to register an interest in the Burnaby Property in Mr. Gully’s name, third party creditors of Mr. Gully became entitled to register judgments against Mr. Gully’s interest in the Burnaby property.

If you would like to book an appointment with any of our estate planning lawyers, please contact Heath Law LLP at
250-753-2202 or TOLL FREE: 1-866-753-2202.

January 24, 2019/by Heath Law, Nanaimo Lawyers
/wp-content/uploads/2017/05/Heath-Law-Logo-300x75.png 0 0 Heath Law, Nanaimo Lawyers /wp-content/uploads/2017/05/Heath-Law-Logo-300x75.png Heath Law, Nanaimo Lawyers2019-01-24 16:28:472023-08-08 15:42:07Estate Planning & Risks of Joint Tenancy
Search Search

Recent Posts

  • Does a Named Beneficiary Automatically Inherit your TFSA, RRSP, RRIF or FHSA? Not Always in BC
  • Did a Text Message Change a Will?
  • Buying a Strata? Essential Strata Documents To Review
  • Why Should a Parent Document a Loan to a Family Member?
  • Real Estate in BC: Misrepresentation in Property Disclosure

Categories

  • Accidents
  • Adoption
  • Blog
  • Business and Commercial Law
  • Child Support
  • Divorce Law
  • Employment Law
  • Family Law
  • Gifts
  • Homeowner Liability
  • Litigation
  • Medical Assistance in Dying
  • Parenting
  • Pedestrians
  • Personal Injury
  • Power of Attorney
  • Property
  • Real Estate
  • Small Claims Court
  • Spousal Support
  • Trusts And Estates Law
  • Wills

Archives

  • January 2026
  • December 2025
  • September 2025
  • July 2025
  • April 2025
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • December 2022
  • October 2022
  • August 2022
  • July 2022
  • June 2022
  • March 2022
  • January 2022
  • October 2021
  • September 2021
  • August 2021
  • May 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • April 2020
  • February 2020
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • July 2018
  • June 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • April 2017
  • February 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • June 2016
  • March 2016

Nanaimo Personal Injury Lawyers & Family Law

Accidents Adoption Blog Business and Commercial Law Child Support Divorce Law Employment Law Family Law Gifts Homeowner Liability Litigation Medical Assistance in Dying Parenting Pedestrians Personal Injury Power of Attorney Property Real Estate Small Claims Court Spousal Support Trusts And Estates Law Wills

Heath Law LLP

Heath Law LLP is a full service law firm that opened in Nanaimo on Vancouver Island in 1950. We are proud of our heritage. Six of our lawyers have been appointed to the Supreme Court of British Columbia, four as Judges, one as an Associate Judge and one as a Judicial Justice. Heath Law LLP boasts high calibre and experienced legal counsel.

Recent Posts

  • Does a Named Beneficiary Automatically Inherit your TFSA, RRSP, RRIF or FHSA? Not Always in BC
  • Did a Text Message Change a Will?
  • Buying a Strata? Essential Strata Documents To Review
  • Why Should a Parent Document a Loan to a Family Member?
  • Real Estate in BC: Misrepresentation in Property Disclosure

Subscribe to our Newsletter

Contact Info

Address: 200-1808 Bowen Road Nanaimo, British Columbia
V9S 5W4

Phone: 250-753-2202
Toll Free: 1-866-753-2202
Fax: 250-753-3949
Email: consult@nanaimolaw.com

© Copyright Nanaimo Law | Heath Law. - All Rights Reserved | Website by Webacom
  • Home
  • About Us
  • Lawyers
  • Services
  • Blog
  • Contact Us
  • Privacy Policy
  • Sitemap
Scroll to top Scroll to top Scroll to top