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Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Property Law Act (ss. 11, 18), the Wills, Estates and Succession Act (s. 162), the Land Title and Survey Authority’s survivorship application and the court decisions cited below checked that day.
Joint tenants: when one owner dies, the survivor owns the whole property automatically (the right of survivorship). No probate is needed to transfer it.
Tenants in common: each owner has a separate share. When one dies, their share goes to their estate under their will, and the executor usually needs probate.
If the title doesn’t say: BC law presumes tenants in common (Property Law Act s. 11).
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Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
Joint tenancy and tenancy in common are the two ways two or more people can own property together in BC, and the difference matters most when one owner dies. With joint tenancy, the surviving owner automatically takes the whole property through the right of survivorship; the deceased’s will doesn’t control it, and it doesn’t go through probate. With tenancy in common, each owner holds a separate share that they can leave by will, so the deceased’s share goes to their estate. The title at the Land Title Office says which one you have. And even a joint tenancy can end up belonging to the estate if a parent added a child to the title only for convenience, not as a gift.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, advises survivors, executors and beneficiaries on jointly owned property after a death; this guide is by Pardeep S. Grewal.
What is the difference between joint tenancy and tenants in common?
| Joint tenants | Tenants in common | |
|---|---|---|
| Shares | Each owns the whole together; no separate shares | Each owns a separate share, equal unless the title says otherwise (Property Law Act s. 11(3)) |
| When an owner dies | The survivor takes the whole (right of survivorship) | The deceased’s share goes to their estate |
| Does the will control it? | No | Yes, for the deceased’s share |
| Probate needed to transfer? | Usually no: the survivor applies with the death certificate | Usually yes, for the deceased’s share |
| Counted in BC probate fees? | No | Yes, the deceased’s share |
| Default if the title is silent | Only if the title says “joint tenants” | Yes: presumed (Property Law Act s. 11(2)) |
What a surviving joint tenant does
The survivor updates the title through the Land Title and Survey Authority. Owners who are individuals and joint tenants can apply online with the BC Services Card app, using an original death certificate or grant of probate; photocopies and notarized copies aren’t accepted. The application claims the survivorship exemption, so property transfer tax generally doesn’t apply. Online, the fees are an $82.52 registration fee per parcel, a $10.30 filing fee and a small service charge, and registration typically takes 10 to 15 business days (LTSA, checked November 11, 2026).
What happens to a tenant in common’s share
On death, land “devolves to and is vested in” the owner’s personal representative, who holds it “as a trustee for the person beneficially entitled to it” (WESA s. 162). So the executor deals with the deceased’s share under the will, which usually means a grant of probate before the share can be transferred or sold. The surviving co-owner keeps their own share. If the co-owners can’t agree whether to sell, see selling a house in probate.
When a joint asset belongs to the estate: the resulting trust
A common BC situation: a parent adds an adult child to the title of the house, or to a bank account, for no payment. When the parent dies, the child takes the asset by survivorship. The other children say the parent only wanted help managing things, not to give that child everything.
The law starts with a presumption. Where a person makes a gratuitous transfer to another, a resulting trust is presumed, because “equity presumes bargains, not gifts” (Pecore v. Pecore, 2007 SCC 17 at para. 24). The Supreme Court of Canada confirmed in Pecore that the presumption of advancement, the presumption of a gift, no longer applies to transfers to adult children, only to minor children. So the child who was added must show the parent intended a gift of the right of survivorship. If they can’t, they hold the asset for the estate, and it is shared under the will.
The question is always the parent’s actual intention at the time of the transfer. Evidence courts look at includes what the parent said and did afterward, the bank documents, who controlled and used the account, any power of attorney, and how the account was treated for tax (Pecore). Some further points from BC cases:
- The right of survivorship can be given as a gift during the parent’s lifetime by putting land into joint tenancy (Herbach v. Herbach Estate, 2019 BCCA 370). The parent’s ability to sever the joint tenancy later “does not serve to render the gift invalid” (para. 38).
- Making the transfer to avoid probate fees doesn’t by itself mean the parent didn’t intend a gift of survivorship (Fuller v. Fuller Estate, 2010 BCCA 421).
If you are the child who was added, keep any letters, notes or bank documents that show what your parent wanted. If you are another beneficiary, ask the executor whether the joint assets were reviewed. Disputes like this are estate litigation: see our estate litigation page.
Can a joint tenancy be ended before death?
Yes. A joint tenant can sever the joint tenancy, for example by transferring their interest to themselves; the Property Law Act says that has the same effect as a transfer to someone else (s. 18). After severance, the owners become tenants in common, and each share goes through the owner’s estate.
Mistakes I have seen
- Assuming spouses own as joint tenants because both names are on title. If the title doesn’t say so, it is a tenancy in common.
- A child who was added to a parent’s account treating it as theirs, without evidence of what the parent intended.
- Executors leaving joint assets out of their review entirely, then facing questions from the other beneficiaries.
- Sending photocopies of the death certificate to the Land Title Office.
Frequently asked questions
Does a joint tenancy override a will?
Yes. A will doesn’t control property that passes by survivorship. The exception is where the survivor holds it on a resulting trust for the estate.
How do I find out how a property is owned?
Order a title search from the Land Title and Survey Authority. The title will say “joint tenants”, “tenants in common”, or nothing, which means tenants in common.
Do joint bank accounts work the same way?
Generally, yes: the survivor takes the account, subject to the same resulting trust question where a parent added an adult child.
What if both joint tenants die at the same time?
WESA has a survivorship rule: a person who doesn’t survive another by 5 days is treated as having died first (s. 10), unless the documents provide otherwise. Get advice on how that applies to the property.
Is there property transfer tax when a joint tenant dies?
The survivorship application claims an exemption, so it usually isn’t payable, though the LTSA notes additional property transfer tax may apply in rare cases.
What should I do right now?
Get the title and the account documents and see exactly how each asset was held. If a parent added a child to a title or account, gather everything that shows what the parent intended before anyone deals with the asset.
Book a consultation with our estate lawyers in Surrey, Abbotsford or Vancouver.
Sources
- Property Law Act (ss. 11, 18), BC Laws (current to February 11, 2025)
- Wills, Estates and Succession Act (ss. 10, 162), BC Laws
- Transmit to surviving joint tenant, Land Title and Survey Authority of BC
- Pecore v. Pecore, 2007 SCC 17; Fuller v. Fuller Estate, 2010 BCCA 421; Herbach v. Herbach Estate, 2019 BCCA 370, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, chapter 15
This article is general information about BC law, not legal advice for your situation.