Legal Question in Wills and Trusts in Canada

Joint-tenents of home

The family residence house was joint-tenent between the mother and son. The mother passed away and the will states that her half is pledged to the son. Does her half go to the son automatically when the son goes to change the name on land title or does it have to go through a legal channel? Does the daughter get a share?


Asked on 10/21/03, 12:51 am

1 Answer from Attorneys
Robert Maguire Maguire & Company

Re: Joint-tenents of home

Joint tenancy includes a right of survivorship. Upon the death of one joint tenant the asset passes to the surviving joint tenant(s) without passing through the estate of the deceased. Be aware that in exceptional circumstances the joint tenancy itself can be attacked in an attempt to the defeat this right of survivorship but it is not very common.

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Answered on 10/21/03, 1:08 pm


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