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ARTICLE · 21 APRIL 2025

Jackson v. Rosenberg, 2024 ONCA 875: An Example Of How Using Joint Tenancy As An Estate Planning Tool Can Go Wrong

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In my previous blog post, Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposes...

CanadaReal Estate and Construction
John Morrissey
John Morrissey
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In my previous blog post, Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposes, I wrote about the risks and possible legal issues that can arise when using joint tenancy as an estate planning tool. As I outlined in that post, the use of joint tenancy as an estate planning tool—which entails adding a family member to the title of your home as a joint tenant with the intention of that person inheriting the property upon your death—has become increasingly common. However, this estate planning technique is fraught with risk.

A perfect example of how using joint tenancy as an estate planning tool can go horribly wrong is highlighted in the recent Court of Appeal decision of Jackson v. Rosenberg, 2024 ONCA 875 1 ("Jackson"). As noted by the Court in its decision, the circumstances giving rise to Jackson serves as a cautionary tale for anyone who is considering using joint tenancy as

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