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Brief background: Vehicle is owned jointly by myself, my…

Brief background: Vehicle is...
Brief background: Vehicle is owned jointly by myself, my sister and my brother. The vehicle burns and is declared a total loss by ICBC adjuster. They issue a cheque made out to the three of us, however, before the cheque can be cashed, my brother passes away.
ICBC initially says (after they have a copy of the death certificate) that they won't reissue the cheque in mine and my sister's name, but then change their mind and say they will issue three cheques; one to me, one to my sister and one to the estate of my brother.
This seems to defeat the intent of survivorship. Is ICBC correct?
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Answered in 7 minutes by:
12/7/2017
Debra
Debra, Lawyer
Category: Canada Law
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry for your loss.

No. ICBC is wrong.

You should consider retaining an estate lawyer to send them a letter setting out the law and essentially threatening a court order if necessary.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 7 months ago
Thank you for your prompt reply.
For clarification: Am I correct in assuming that when you say 'setting out the law', that you are, or my estate attorney will be saying that the survivors would own the vehicle had it not been destoyed and therefore the survivors own the amount being paid for the vehicle and further that my brother's estate is not a party to the insurance policy which we jointly owned??

That is correct.

As joint owners on title when one dies title vest in the other two.

That is really the same for the cheque and it could have been the case that the bank, with the death certificate would have agreed to cash it for the two of you.

Debra
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Customer reply replied 7 months ago
Clear and concise. Greatly appreciated.
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