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ARTICLE · 10 NOVEMBER 2020

Zombie Deeds: The Dead Cannot Be Resurrected

Robins Appleby LLP
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A legal decision rarely begins with a discussion of magic and bringing back the dead.

CanadaFamily and Matrimonial
Samuel Mosonyi
Samuel Mosonyi
Ellad Gersh
Ellad Gersh
Heela Donsky Walker
Heela Donsky Walker
Ladislav Kovac
Ladislav Kovac
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A legal decision rarely begins with a discussion of magic and bringing back the dead. But that is precisely how a recent Superior Court decision begins on a complex issue involving "zombie deeds": Thompson v. Elliott Estate.

A "zombie deed" is when an owner of property signs an Acknowledgement and Direction to transfer land, and the transfer is registered following the owner's death. It is sometimes used (improperly!) as an estate planning technique in an attempt to avoid estate administration tax (also known as probate). However, lawyers and individuals considering the use of a zombie deed should be aware that this tool is prohibited by Ontario law. The Thompson decision confirms that a zombie deed is an improper way to transfer property, in part because it requires the lawyer who completes the registration to make a fraudulent representation that the owner of the property is still alive.

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