Is depositing the presumptively excluded funds into the sole name of the party claiming the exclusion entirely, but which account is used for family expenses?
British Columbia, Canada
The following excerpt is from M.P.M. v A.C.M, 2022 BCSC 122 (CanLII):
Nonetheless, I have not been provided with any authority that would support the proposition that simply depositing the presumptively excluded funds into an account owned in the sole name of the party claiming the exclusion, but which account is used for family expenses, is sufficient to lose the exclusion entirely. As I understand the authorities, an inheritance may lose its status as excluded property when those funds are deposited into an account owned jointly by the spouses or into an account owned solely by the other spouse. Whether the funds lose their status as excluded property is founded on the principle of advancement and turns upon the intention found behind the transfer to the other spouse. For example, in Venables v. Venables, 2019 BCCA 281, Griffin J.A. said the following:
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