Don鈥檛 pay a lawyer or notary to remove your deceased spouse鈥檚 name from title to your home which you own together as joint tenants.
If you want to be generous to your friendly neighbourhood lawyer or notary, send a $1,000.00 gift card. I think that鈥檚 about mid-range of fees charged for the service.
By sending the gift card and doing it yourself, you鈥檒l at least save the $120.00 taxes that will be added to those fees.
It鈥檚 not a complicated legal procedure.
In fact, the Land Title and Survey Authority of British Columbia (commonly referred to as 鈥淟and Titles鈥�) provides step by step instructions.
Not the kind of instructions included with some Ikea furniture that will have you pulling your hair out.
I鈥檝e heard separately from two people who have handled this most basic of administrative transactions directly with Land Titles. Thank you, Joanne and Marilyn, for sharing your experiences with me. Neither of them bitched and complained like I have when following instructions for putting furniture or barbeques together.
You can find the instructions on the Land Titles website through this link here: .
The entire process can be completed online if you鈥檝e set up your BC Services Card online account, a secure digital identification for BC government online services.
Actually, setting up that account might be the most complicated part of the process! But it鈥檚 well worth it. Once you鈥檙e set up you can do such things as access your health records and renew your driver鈥檚 license online.
If you find any of the steps tricky or difficult, invite your grandchild over for a visit. They鈥檒l help you out.
Don鈥檛 be too upset with your lawyer or notary if they recently took your hard-earned money to provide this service without first informing you how easy it is to do yourself. They might not have known about the on-line 鈥渄o it yourself鈥� process which I don鈥檛 believe became available until April 2024.
Instead, get them up to speed by sending a link to this column so they can help others save a few bucks.
I recommend having two documents in your possession before you sit down to the computer.
One is the title to your property, which you鈥檒l find with the documentation you received when you purchased the property. Most people tuck that folder away with other important documentation.
No worries if you lost it, though. The Land Titles website will walk you through how to purchase another one.
The other is the Death Certificate, which is provided by the funeral home that handled the remains.
Are you wondering where the probate process fits into this mix? It doesn鈥檛.
Assets owned together as 鈥渏oint tenants鈥� do not form part of the deceased鈥檚 estate except in the uncommon circumstance where the survivor holds the property in trust for the estate. Legal advice should be sought before you attempt to use joint tenancy as an estate planning tool because there are different types of joint tenancy.
That鈥檚 a topic for another column.
Paul Hergott
Lawyer Paul Hergott began writing as a columnist in January 2007. Achieving Justice, based on Paul鈥檚 personal injury practice at the time, focused on injury claims and road safety. It was published weekly for 13 陆 years until July 2020, when his busy legal practice no longer left time for writing.
Paul was able to pick up writing again in January 2024, After transitioning his practice to estate administration and management.
Paul鈥檚 intention is to write primarily about end of life and estate related matters, but he is very easily distracted by other topics.
You are encouraged to contact Paul directly at paul@hlaw.ca with legal questions and issues you would like him to write about.
