How can a donor transfer the right of survivorship while retaining the whole beneficial interest in the property?
British Columbia, Canada
The following excerpt is from Pavlovich v. Danilovic, 2020 BCCA 239 (CanLII):
Alexander makes this submission in this regard: 94. A donor can transfer the legal interest in property while retaining the whole beneficial interest, but still immediately transfer the right of survivorship. The court in Herbach v. Herbach Estate, 2019 BCCA 370 confirmed the gift of the right of survivorship is a separate legal right. 95. The trial judge’s analysis addresses the first two scenarios, but not the third. The trial judge’s conclusion errs in law by failing to consider the right of survivorship apart from the legal and beneficial interest.
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