ASK AN EXPERT Friday, March 30, 2001

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By James Comparelli, B.A., LL.B.


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Q:

My mother-in-law transferred ownership of a cottage to my wife several years ago and retained use of the property for life. Recently a sewer and water proposition was voted on by property owners in that district of the town - however when my wife went to vote she was told that her mother had to do that - even though the cottage is listed in my wife's name on the tax roles. Does this mean that the property will be part of the estate when mom dies?

   

A:

In the Province of British Columbia, a life interest in a property ends upon the death of the person to whom the interest was granted; the Land Title Office requires a Death Certificate to remove the Life Interest from the title. The registered ownership is not affected, and the property would not form part of the deceased's estate. It appears that the "town" is interpreting "property owner" to include occupant by Life Interest. I suggest that you review the title to the property and the tax rolls to confirm that both are reconciled. And, then you should ask the town for its interpretation of "property owner".

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