Putting Assets Into Joint Ownership To Avoid Probate

With spouses, it is common practice to put assets such as a home or bank account into joint ownership so that when one spouse passes, the surviving spouse becomes the owner of the whole asset without needing to apply for Probate.

Some parents put assets into joint ownership with one of their children for the same reason with the expectation that child will share the asset with the other children. The problem begins when the parent passes and the child with the asset says that Mom or Dad gave it to them as a gift and they don't want to share it.

Over 35 Years of Estate Litigation Experience

At Darychuk Law, we have seen this scenario many, many times. Our firm is well-equipped to gather the necessary information to determine:

  • If the will-maker had the mental capacity to make a gift
  • If the will-maker was unduly influenced by the child with the asset
  • What documents are needed to prove a gift
  • The intentions of the Will-Maker

Concerned About Whether Jointly Held Property Should Be Part Of The Estate

We can advise you of what steps to take if there is jointly-held property.

We serve New Westminster, as well as Port Coquitlam, Coquitlam and Port Moody, B.C. Call 604-256-3405 and arrange a free consultation or send us an email using our online form.