General information only — not legal, tax, financial, or real-estate advice. Verify with a licensed BC professional before acting.
Estate planning in a real estate context is the process of arranging how your real property will be dealt with during your lifetime and after your death. In British Columbia, estate planning commonly considers the Wills, Estates and Succession Act, SBC 2009, c. 13 (WESA), joint tenancy versus tenancy in common, life estates, powers of attorney and representation agreements. Real estate can be transferred at death by will, by right of survivorship (joint tenancy), by beneficiary designation for certain interests, or through a court-supervised probate process. Estate planning is legal work that must be done by a BC lawyer or notary — this glossary entry is general educational information only.
The Wills, Estates and Succession Act, SBC 2009, c. 13 (WESA) is the primary BC statute governing wills, intestacy, and the administration of estates. Related statutes include the Land Title Act and the Estate Administration Act. Consult a BC lawyer for advice on your estate.
Joint tenancy carries a right of survivorship — on the death of one owner, that owner's interest passes automatically to the survivor(s) outside of the will. Tenancy in common has no survivorship — each owner's share passes to their estate under their will. The choice has significant tax and succession consequences; discuss it with a BC lawyer or notary.
Real property held solely in the deceased's name generally requires a grant of probate before title can be transferred. Real property held in joint tenancy typically transfers by right of survivorship without probate, subject to filings at the Land Title and Survey Authority. Verify your situation with a BC estates lawyer.
Verify the specific statutory language, thresholds, deadlines and current guidance directly with the governing authority: