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Sabey Rule Blog

How to Properly Document a Transfer into Joint Tenancy

By Sabey Rule Blog

I have preached caution about the use of joint tenancies as an estate-planning tool to transfer wealth often from a parent to a child, or sometimes to some other relative or friend. One of the first blog posts I wrote back in September, 2005, was entitled “Six Potential Pitfalls Parents Should Consider Before Transferring Real Estate Into a Joint Tenancy with Their Children.” There are in fact more than six, and I won’t repeat them all here. Instead I want to focus on how to properly document a transfer into a joint tenancy when the transfer is done as part of an estate plan.

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Expanding the Size of a Strata Lot

By Sabey Rule Blog

The Strata Property Act has a specific, if lengthy, procedure when expanding the habitable area of a strata lot. In the case of Hassan v The Owners, Strata Plan LMS 2854, 2018 BCCRT 303, the strata was in a dispute with the owners over whether the owners followed the correct procedure when expanding their habitable area.

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Supreme Court of Canada Overturns B.C. Court of Appeal Decision in S.A. v. Metro Vancouver Housing Corp

By Sabey Rule Blog

The Supreme Court of Canada, in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4, overturned the decision of the British Columbia Court of Appeal, a decision I wrote about here. This case deals with the use of a discretionary trust to provide benefits for a person with disabilities without jeopardising other benefits that are means tested. These trusts are sometimes referred to as Henson Trusts, and in many provinces, including British Columbia, are an effective way of preserving the person’s provincial disability benefits.

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