Joint Ownership and Survivor Rights
As aforementioned, there may be instances where a vehicle is owned by more than one individual, generally a spouse. In British Columbia, when a vehicle is co-owned as joint tenancy, the right of survivorship allows the vehicle to automatically pass to the surviving owner(s) upon the death of one owner, bypassing the need for probate. In this case ICBC requires the surviving owner to provide a death certificate to authorize the transfer and the vehicle's registration.
When a Will is Present vs. Intestate Succession
As mentioned, a vehicle is considered as part of the deceased’s estate and property, meaning that a will should indicate the beneficiaries of the vehicle. In contrast, when there is no will the beneficiaries will be identified through intestate succession, which involves the distribution of assets according to provincial laws. These rules are set out in the Wills, Estates and Succession Act (WESA) and determine the hierarchy of beneficiaries, which typically includes the spouse and children first, followed by other relatives if there are no immediate family members. ICBC requires the Grant of Administration in order to legalize the transfer of vehicles after death.
Need help with vehicle transfer?
Transferring the vehicle ownership of the deceased in British Columbia requires multiple forms and strict guidelines to follow - Whether through a will, survivorship rights, or intestate succession, it's essential for executors to ensure the process respects the deceased's wishes and adheres to legal standards.
Recognizing the complexity of these tasks, we offer our expertise to simplify the estate transfer process. Book a free consultation with us for tailored assistance in managing estate transfers in probate, ensuring a seamless and respectful ownership transition. Act now to fulfill your duties with confidence and ease.