What Happens to Joint Tenancy Property When an Owner Dies in BC

You owned a home with someone, and now they have died. The first question is usually whether the house is now yours automatically, or whether it has to go through the estate and be shared out under a will.

The answer depends on how the two of you held title. This article explains how joint tenancy works in British Columbia, what paperwork the survivor needs, and the situations where the estate can still end up with an interest.

This article covers the law of British Columbia.

Does the house pass automatically?

If you held the property as joint tenants, the survivor takes the deceased's interest when one joint tenant dies. This is called the right of survivorship. It works by operation of law, not because of anything in a will.

That is why survivorship property is generally treated as sitting outside the estate. The deceased's estate vests in the personal representative, but the rules on land carve out a right to land by survivorship. In practice, the executor does not sell or distribute the house under the will if it passed to you as the surviving joint tenant.

Passing automatically does not mean the land title records update themselves. Title still shows both names until someone files the right application.

The paperwork at the Land Title Office

To register the survivor's ownership, an application must be filed with a certified copy of the grant of probate or administration, or a certificate of death. Form 17 is used, selecting Transmission to Surviving Joint Tenant.

There is also an online route through the Land Title and Survey Authority. It requires all owners on title to be individuals holding as joint tenants. It accepts only an original death certificate or grant of probate, not photocopies, notarized copies or a funeral director's certificate. The registration fee was listed at $82.52 per parcel, but fees change, so confirm the current amount.

If any owner on title is a corporation, a trust trustee, or a limited partnership partner, a legal professional is needed for the online application.

On property transfer tax, exemption code 08 covers a transfer to the survivor of a joint tenancy as a result of a joint tenant's death. It does not apply to additional property transfer tax.

When survivorship does not apply or the estate can still claim

Survivorship is the rule only if the joint tenancy still exists at death. Several things can change the outcome.

Land is also not always held jointly in the first place. Land transferred to two or more people is held as tenants in common unless the transfer document shows a contrary intention.

When a parent added a child to title or an account

Disputes often arise when a parent adds an adult child as a joint owner. A gratuitous transfer to an adult child, including adding them to a joint account, is presumed to be held on resulting trust for the parent. The survivor must then prove the parent intended to give them the right of survivorship in the balance.

The court weighs all the evidence on a balance of probabilities to find the parent's actual intention at the time of the transfer. The presumption decides the case only if the evidence is insufficient. The presumption of advancement (gift) does not apply to adult children, and an adult child's dependency on the parent can be strong evidence against the resulting trust presumption. Evidence of who used and controlled an account helps only a little and is not determinative alone.

That case dealt with gratuitous transfers and joint accounts. How it applies to your particular property depends on the facts, so it is worth getting advice.

What to do next

• Get a recent title search to confirm whether title is held as joint tenants or tenants in common.
• Obtain an original death certificate, or a certified copy of the grant if one was issued.
• Check whether any owner on title is a corporation, trustee or partnership, which affects the online route.
• Look for judgments, a severance, or a transfer into one name that might change the result.
• Note when the other owner died, especially if another owner died around the same time.
• Ask a lawyer if a family member challenges the survivorship or the joint ownership was a parent's arrangement.

Frequently asked questions