SimpliLaw's Visual Summaries

Deciding what to do with the family home or cottage can be tough. Here's what you need to consider:

Trustee Selling Property: Unless your will says otherwise, the estate trustee will likely

have to sell the property and invest the money. That’s because an estate trustee has a

duty to convert non-income-producing assets, especially real estate properties, into

income-producing assets.

14.0 Dealing with Family Property

Minor Children: If you have minor children, think about whether the person making

decisions for them (i.e., the one with decision-making responsibility) should be able to

use the family home. You’ll also want to think about whether your minor children can sell

the house or ask the one with decision-making responsibility to leave the home once

they all become adults.

Gifting Multiple Children: If you're leaving the home to multiple children, you need to

decide how they'll share it. They can have equal shares (either as tenants-in-common or

joint tenants) or unequal shares (as tenants-in-common). If the will doesn’t say how the

home will be shared, then the children will have to share it as tenants-in-common.

If you choose joint tenancy, know that any child can break the joint

tenancy later on without needing consent from the other joint tenants. If

a joint tenancy is broken, then the owners’ ownership status will change

to tenants-in-common.

It could be helpful for the children to sign a co-tenancy agreement in

which they agree on how they can sell or transfer their share of the

property. You may decide to mention this agreement in your will as

either a suggestion or as a requirement for your children to sign before

getting the property.

A joint tenant can unilaterally break a joint tenancy

(otherwise known as, “sever a joint tenancy”) in two ways.

They can either:

Transfer their share to someone else; or

1.

Transfer it to themselves.

2.

Either option involves registering a new transfer using

Teraview. Once that transfer is registered, it automatically

breaks up the joint tenancy. After that, the property

owners don't hold the property as joint tenants anymore -

instead, they become what we call "tenants in common."

17

Lesson 1 – Preparing a Will