Does the words 'shall be the joint property of the undersigned' or 'right of survivorship' convey a legal title to a joint property?
British Columbia, Canada
The following excerpt is from Saarnok v. Neufeld, 2002 BCSC 202 (CanLII):
In Niles v. Lake, supra, Taschereau J. said the following at p. 304: The words 'shall be the joint property of the undersigned' or 'right of survivorship' and 'all moneys in the account to be joint property of the undersigned' are indeed apt words to convey a legal title to the fund, but not to convey the whole fund beneficially. Something more than a mere transfer is required to destroy the presumption of a resulting trust and an intimation of such an intent must appear in the document itself, or as a result of evidence which revels the intention to benefit the transferee.
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