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ARTICLE · 28 JULY 2014

Joint Tenancy – The (Not So) Easy Estate Planning Tool

Alexander Holburn Beaudin + Lang LLP
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If you own a home, a recreational property, or some other piece of real property, what is the best way to deal with it in your estate plan?

CanadaFamily and Matrimonial
Alexander Holburn Beaudin & Lang LLP
Alexander Holburn Beaudin & Lang LLP
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If you own a home, a recreational property, or some other piece of real property, what is the best way to deal with it in your estate plan? Many people choose to add their spouse or children on title of their property in joint tenancy. Being a joint tenant means that you and the other person are both legal owners of the property, and if one of you dies, the other receives the property by right (known as the "right of survivorship").

There are many advantages to passing property in this way:

  • If you die, the other owner takes possession of the property immediately upon your death. She does not need to wait for your estate to go through probate.
  • Because the property does not fall into your estate, it is not subject to probate fees.

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