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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98982
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Wills and Estates- Province of British Columbia If an

Customer Question

Wills and Estates- Province of British Columbia If an individual dies with a Will/testamentary instrument, which was written between Aug 2012-April 2013, and the firm that drafted and wrote it may have written the Will and clauses etc according to the
future/new laws which would fall under WESA ( which came into force late March 2014), when in fact WESA was not in force at the time of will makers death and the firm was aware that the individual could die within a month or two? + Is the right of survivorship
for Real (Joint Tenancy) affected by a testamentary instrument where the deceased and the spouse of the deceased, together agreed to dispose/transfer a share of Real property to a blood relative, living with them and dependant on them? + Is the right of survivorship
for Real Property extinguished by a testamentary will that revokes all previous wills and testamentary dispositions? and is it extinguished if the will contains a contrary intention? With the inclusion of a contrary intention in relation to the distribution
of Real property, could the surviving spouse take the entire property and transfer it into her name in fee simple, by not disclosing that the spouse had a will. In other words, what does the law state when a transfer or title is transferred deliberately and
fraudulently where the spouse declares that the deceased joint owner died intestate, when in fact the deceased died with a Will and the reason and motive for non-disclosure and non-conveyance causes a detriment and jeopardizes the life and security of other
beneficiaries whom , by the deceased Will , are entitled to the decedents interest and shares of Real property. ( I hope this makes sense, and clarity would prevent homelessness and destitution) Thank you
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
I want to clarify one point.Are you saying that the spouses held this house as joint tenants and not as tenants-in-common?
Customer: replied 1 year ago.
We only later found out it was registered as Joint Tenants, but the deceased & his spouse were under the impression that the title was held as tenants in common, which was one of the reasons why they went in to make a Will.
Expert:  Legal Ease replied 1 year ago.
Your post in confusing as you didn't really set out the facts but rather provided complicated questions. So if this doesn't answer the questions please let me know. Here is the law. If the property is held by joint tenants the Will has no relevance no matter when it was written or why it was written or what the law. It also doesn't matter about merit. The reason why is that the Will only deals with the estate and the house does not form part of the estate. When one joint tenant died title automatically vested in the other. So the Will has no say over the house. If the testator had first severed the joint tenancy then the testator's half would vest in the estate and the Will would apply. So there is no need to disclose a Will in terms of what happens with the house. The surviving spouse owns the property and to transfer title the spouse just needs a death certificate. Does that clarify the law?
Customer: replied 1 year ago.
I apologize for the lengthy delay and for my lack of clarity. I think I will have to rephrase the question since I was already aware of the facts you kindly stated in your reply. Anyway, the testator severed the joint tenancy and his spouse agreed to the severance. The testator then gave his shares (devise, bequeath etc) and interest in Real Property to his son whom was residing with them at the family residence (matrimonial home). I reckon I need to collect my thoughts and rephrase this question. Is this alright with you?
Expert:  Legal Ease replied 1 year ago.
Ok, that's fine with me.

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