Land Title Practice Manual

5 Fundamental Rule—when Persons Die Simultaneously

In This Volume

5 (1) If 2 or more persons die at the same time or in circumstances that make it uncertain which of them survived the other or others, unless a contrary intention appears in an instrument, rights to property must be determined as if each had survived the other or others.

  • (2) If
  • (a) two or more persons hold property as joint tenants, or hold a joint account, and
  • (b) both or all of them die at the same time or in circumstances that make it uncertain which of them survived the other or others,
  • unless a contrary intention appears in an instrument, for the purpose of determining rights to property, each person is deemed to have held the property or account as tenants in common with the other or with each of the others.

2009-13-5, effective March 31, 2014 (B.C. Reg. 148/2013).

FORMS

Application to Register Transmission Where Both Joint Tenants Die at the Same Time

Submissions

On the Form 17 Fee Simple, select Nature of Interest, Transmission to Executor or Administrator, and attach images of the following original documents:

  1. a duplicate indefeasible title, if any, submitted in hardcopy to the land title office;
  2. a certified copy of grant of probate, grant of administration, or grant of administration with will annexed for each joint tenant;
  3. an officer certified copy of that portion of the declaration and disclosure document required by s. 122 of the Wills, Estates and Succession Act; and
  4. evidence satisfactory to the registrar to confirm that both joint tenants died at the same time or in circumstances that make it uncertain which of them survived the other.

Note that for a transmission of a charge, the Form 17 Charge, Notation or Filing must be used by selecting the applicable Nature of Interest.