Putting Property in Children`s Name risky
There`s a common misconception that the best way to avoid Ontario`s 1.5 per cent probate fees on the value of an estate is to place the family home and other assets into joint ownership with a child or children, so that the property will automatically transfer to the survivor after death of the parents.
Unfortunately, making transfers like this doesn`t always work out as intended, and the consequences can be disastrous.
That`s what happened in the case of Bergen v. Bergen, heard this summer in British Columbia Supreme Court.
Charlotte Bergen is 79 years old. She and her late husband, Walter, were married for 52 years. After they retired in 1995, they bought a 23.9-acre (9.6 hectares) parcel of land near Paterson, B.C. with the intention of building a house there and moving out to the West Coast. Paterson is in the B.C. interior, near the U.S. border.
Three years after buying the property, the couple decided to put their son Robert on title jointly as to a one-third interest. Their intention was that Robert would eventually inherit the property and this would ensure that it bypassed probate and the accompanying expense.
Probate fees in B.C. for estates of more than $50,000 approach 1.4 per cent of the value of the assets.
Shortly after Robert became a part owner of the property, he began building a house on the site. Over the next five years, his parents advanced him more than $552,000 for construction costs, plus an additional $175,000, which was funded by a mortgage on the property.
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