Herbach v. Herbach Estate, 2019 BCCA 370
| Jurisdiction | British Columbia |
| Judge | The Honourable Mr. Justice Groberman,The Honourable Madam Justice Stromberg-Stein,The Honourable Madam Justice Griffin |
| Citation | 2019 BCCA 370 |
| Date | 11 October 2019 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA45505 |
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6 practice notes
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Mong Alter Ego Trust No. 1 v. Yip,
...or her lifetime”: McKendry at para. 30; see also Zeligs at para. 41; Bergen at para. 40; Herbach v. Herbach Estate, 2019 BCCA 370 at para. 37. In Simcoff at para. 64, the Court Simply, and conceptually, the fact that a “complete gift” may ......
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Gratuitous Transfers Into Joint Tenancy And The Gift Of The Right Of Survivorship: Part I
...at para 48. 16. Pecore at para 50. 17. McKendry v McKendry, 2017 BCCA at para 29, citing Simcoff at para 64, Herbach v Herbach Estate, 2019 BCCA 370 at para 37, Bergen v Bergen 2013 BCCA 492 ("Bergen") at para 37, Kennedy at para 89, and Pecore at paras 18. Bergen at para 41. The content of......
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Joint Tenancy And Making Gifts Of The Right Of Survivorship
...with this type of gift. Nevertheless, such a gift was clearly allowed by the B.C. Court of Appeal in Herbach v. Herbach Estate, 2019 BCCA 370, and would be followed The next question was the value of the survivorship interest for Kennedy in this case. Cases like Herbach make clear that cert......
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Kennedy v. Smith,
...with the donor of the gift retaining all remaining right and interest in the property during their lifetime: Herbach v. Herbach Estate, 2019 BCCA 370 at para. 39. These are the circumstances that have arisen in this case. Mr. Smith did not create a true joint tenancy when he gratu......
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4 cases
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Mong Alter Ego Trust No. 1 v. Yip,
...or her lifetime”: McKendry at para. 30; see also Zeligs at para. 41; Bergen at para. 40; Herbach v. Herbach Estate, 2019 BCCA 370 at para. 37. In Simcoff at para. 64, the Court Simply, and conceptually, the fact that a “complete gift” may ......
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Kennedy v. Smith,
...with the donor of the gift retaining all remaining right and interest in the property during their lifetime: Herbach v. Herbach Estate, 2019 BCCA 370 at para. 39. These are the circumstances that have arisen in this case. Mr. Smith did not create a true joint tenancy when he gratu......
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Pavlovich v. Danilovic, 2020 BCCA 239
...This submission finds its inspiration in this Court’s decision in Herbach v. Herbach Estate, 2019 BCCA 370. [49] Alexander makes this submission in this 94. A donor can transfer the legal interest in proper......
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Pavlovich v. Danilovic, 2020 BCCA 36
...based on two decisions that were released after he filed his factum, one of which is this Court’s decision in Herbach v. Herbach Estate, 2019 BCCA 370 (released October 11, 2019). The appellant says the case clarifies, at para. 24, that a transfer of property into joint tenancy may consist ......
2 firm's commentaries
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Gratuitous Transfers Into Joint Tenancy And The Gift Of The Right Of Survivorship: Part I
...at para 48. 16. Pecore at para 50. 17. McKendry v McKendry, 2017 BCCA at para 29, citing Simcoff at para 64, Herbach v Herbach Estate, 2019 BCCA 370 at para 37, Bergen v Bergen 2013 BCCA 492 ("Bergen") at para 37, Kennedy at para 89, and Pecore at paras 18. Bergen at para 41. The content of......
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Joint Tenancy And Making Gifts Of The Right Of Survivorship
...with this type of gift. Nevertheless, such a gift was clearly allowed by the B.C. Court of Appeal in Herbach v. Herbach Estate, 2019 BCCA 370, and would be followed The next question was the value of the survivorship interest for Kennedy in this case. Cases like Herbach make clear that cert......