What is the characterization of the right of survivorship?
British Columbia, Canada
The following excerpt is from Baryla v. Baryla, 2019 BCCA 22 (CanLII):
This Court reviewed Pecore and the earlier authorities on the characterization of the right of survivorship in Bergen v. Bergen, 2013 BCCA 492. Madam Justice Newbury summarized that “all of these cases in my view turned on the donor's intention to make a gift of the ‘right of survivorship’ — which I understand to mean an immediate gift of a joint interest consisting of whatever balance exists in the account on the transferor's death, assuming he or she dies first” (at para. 37, emphasis in original).
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