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ARTICLE · 10 AUGUST 2023

The Perils Of Using Joint Tenancy For Estate Planning (Jackson v. Rosenberg)

Gardiner Roberts LLP
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In Ontario, properties may be registered in joint tenancy as an estate planning mechanism.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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In Ontario, properties may be registered in joint tenancy as an estate planning mechanism. Property that is jointly owned passes automatically to the surviving member if the other owner dies. This generally avoids probate fees associated with the property. Property owners should be aware, however, that adding a non-owner to title by way of joint tenancy may provide them with an irrevocable interest in the property even if they have not made any financial contributions.

This consequence was illustrated by the decision in Jackson v. Rosenberg, 2023 ONSC 4403 (CanLII), which the application judge called "a cautionary tale" for persons who might be tempted to use joint tenancy to avoid the payment of probate fees.

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