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ARTICLE · 15 SEPTEMBER 2025

Zombie Deeds – Everything You Need To Know

Lindsay Kenney LLP
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There is a little-known concept in Estate litigation called the Zombie deed, which deals with property transfers, implemented before the deceased passed away, but was not completed until after passing.

CanadaFamily and Matrimonial
Scott Somers
Scott Somers

There is a little-known concept in Estate litigation called the Zombie deed, which deals with property transfers, implemented before the deceased passed away, but was not completed until after passing. Hence the zombie aspect, where even after death, the transfer takes effect.

In the case of Plecas v. Plecas, a 2015 British Columbia Supreme Court decision, there was this exact scenario. Before her passing, the mother and the son signed off and completed all the documents necessary to transfer the assets. The goal was to avoid paying taxes, by completing the documents but not submitting them to the proper government agencies so no transfer taxes would become due. There is a concern in law, that the court will not perfect an imperfect transfer. This means, that just because someone wanted to gift it, if they did not actually transfer it, then it is not a gift. The long-standing view, is that for aninter vivos[gift during lifetime] transfer to be complete,

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About Mackrell International – Canada - Lindsay Kenney LLP is a full service business law firm with offices in Vancouver and Langley, BC and a member of Mackrell International. Mackrell International – Canada is comprised of four independent law firms in Alberta, British Columbia, Ontario and Quebec. Each firm is regionally based and well-connected in our communities, an advantage shared with our clients. With close relations amongst our Canadian member firms, we are committed to working with clients who have legal needs in multiple jurisdictions within Canada.

This article is intended to be an overview and is for informational purposes only.

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