Is a joint tenant of a property owned by a deceased spouse entitled to claim the property from the deceased?
British Columbia, Canada
The following excerpt is from Atha v. Thompson, 2008 BCSC 1075 (CanLII):
First, by reason of her acquisition of the title as a surviving joint tenant, the property does not form part of the deceased's estate: Cooke v. Miller (Estate), 2005 BCCA 263.
Second, the plaintiffs are bound to fail to prove "mutual wills" or, to put it another way, an express trust, in the absence of evidence of "an agreement which as to all its terms is certain": Brynelsen Estate v. Verdeck, 2002 BCCA 187.
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