Transmit Ownership to Surviving Joint Tenant

If you don’t already have a copy of the title, order it to ensure you have the correct information before starting. How to order a copy of the title.

The application requires the following information that can be found on the title:

• Tenancy on title – owners must be individuals listed as joint tenants
• Name on title of deceased owner
• Name and occupation on title of all surviving owners
• Mailing addresses for owners on title
• Parcel identifier (PID)

You can also find the PID by searching the address of the property on BC Assessment  or look in the “Property Location & Description” section of the  Property Assessment Notice.

You will also have the option of updating the occupation on title for any of the surviving owners listed on the application.

When you fill out this application, you will automatically be claiming exemption 08 Survivorship under the Property Transfer Tax Act. This exemption is for a transfer to the survivor of a joint tenancy as a result of the death of a joint tenant. This exempts you from paying Property Transfer Tax.

In rare circumstances, you may owe Additional Property Transfer Tax and the online application will help you determine this.

Be prepared with the:

• Residency of all owners
• Birthdate and Social Insurance Number or other relevant tax number for all surviving owners
• Mailing addresses for all owners
• Civic address of the property
• Fair market value of the property
• Percentage interest in the property to be transferred which should be the total percentage interest acquired by all surviving owners
• If Additional Property Transfer Tax is owed, information about the allocation of the property’s value between land and improvements

If you have questions about the Property Transfer Tax Return, contact the Ministry of Finance, Property Transfer Tax Section, at 236-478-1593 or toll free within BC at 1-888-841-0090 or visit the Property Transfer Tax website.

The Land Owner Transparency Registry is a publicly searchable registry of information about beneficial ownership of land in British Columbia. Beneficial land owners are people who own or control land indirectly, such as through a corporation, partnership or trust. Learn more about the Land Owner Transparency Registry.

File a Transparency Declaration

Most applications to transmit ownership to a surviving joint tenant must file a transparency declaration as required under the Land Owner Transparency Act.

In rare cases, the transparency declaration can be omitted if the applicant certifies the property is located where the Land Owner Transparency Act does not apply (see section 6 of Land Owner Transparency Act).

Transparency Report for Reporting Bodies Only

The online application will determine if you are a reporting body and require the help of a legal professional to file a transparency report. A reporting body is a relevant corporation, a trustee of a relevant trust or a partner of a relevant partnership. You will not be able to use the online application to file a transparency report.

Most applicants filing a transmission to surviving joint tenant application will not be required to file a transparency report.

An application to transmit ownership to a surviving joint tenant must include original legal documents confirming the death of the deceased owner in the form of certificates issued by the appropriate government authority or a statutory declaration explaining any name discrepancies.

Accepted documents

LTSA will accept the following original documents:

• Death certificate
• Grant of Probate

For deaths in British Columbia, documents can be ordered by contacting Vital Statistics online, calling toll-free to 1-888-876-1633 or at a Service BC office.

Do not send these documents

LTSA will not accept photocopies or notarized copies – only originals will be accepted. A funeral director’s certificate is also not an accepted supporting document.

If LTSA already has the supporting documents

If you have submitted the supporting documents required for the change of name as a part of another application that is on file at LTSA, you can supply the filing reference number in your application instead of uploading the documents.

Sometimes there may be name variations that are not explained by the supporting documents, such as the name on the death certificate does not match the owner name on title or a surviving owner has changed their name and it does not match what is on title. There are different steps to take depending on whether it is a deceased or surviving owner with the name discrepancy.

If there are minor name variations in the deceased’s name

If the name variations in the deceased owner’s name are minor, you can explain the name discrepancies when filling out the application. The online application will automatically create a declaration form for you.

Minor name variations are small variations in the first or middle names only, that may include variations in spelling, initials, punctuation, or to the order of the given names.

Examples of minor name variations include:

• different spelling of a first or middle name, e.g., Maria vs. Marie
• different order of first and middle names, e.g. Mary Beth Smith vs. Beth Mary Smith
• an abbreviated or expanded first name, e.g. M. Beth Smith vs. Mary Beth Smith
• an abbreviated or expanded middle name, e.g. Mary B. Smith vs. Mary Beth Smith
• adding or removing a first initial, e.g. M. Beth Smith vs. Beth Smith
• adding or removing a middle initial, e.g. Mary Smith vs. Mary B. Smith
• adding or removing a middle name, e.g. Mary Beth Smith vs. Mary Smith
• adding or removing a hyphen, e.g. Mary Beth Jones vs. Mary-Beth Jones
• adding or removing an apostrophe, e.g. Mary O’Reilly vs. Mary OReilly
• adding or removing a period, e.g. Mary St. James vs. Mary St James

If there are significant name variations in the deceased’s name

If the name variations in the deceased owner’s name are significant, LTSA will accept a statutory declaration. A statutory declaration must be prepared and witnessed by a lawyer, notary public or commissioner authorized to administer oaths. A statutory declaration sets out the facts of the name discrepancies.

The differences are significant if there are variations, such as the first, middle or last part of the name being completely different. Any variation in the last name is considered significant.

Examples of significant name variations include:

• a different first name, e.g. Mary Beth Smith vs. Jane Beth Smith
• a different middle name, e.g. Mary Beth Smith vs. Mary Jane Smith
• a different last name, e.g. Mary Smith vs. Mary Jones
• a different spelling of the last name, e.g. Mary Smith vs. Mary Smythe
• adding or removing a first name, e.g.  Mary Beth Smith vs. Beth Smith
• adding or removing a last name, e.g. Mary Smithers vs. Mary Smithers Jones

If the surviving owner’s name does not match what is listed on title

If the surviving owner’s name is not correct on title, the owner or their agent should file the Transmission to Surviving Joint Tenant application first using the old name, and then file a Change of Name on Title application to change the name on title.

Not declaring name variations could result in additional fees

Additional fees will be charged by LTSA to correct or withdraw your land title application if it cannot be registered so it is important that you know what names are listed on title and provide the appropriate supporting documents for any name variations.

If any of the documents are non-English, provide an English translation. The translation should be done by someone fluent in both English and the original language used on the document. It does not need to be done by a professional translator.

You must also include a statutory declaration signed by the translator, confirming the translation is accurate and true. The statutory declaration must be witnessed by a lawyer, notary public or commissioner authorized to administer oaths.

Follow these steps to create high-quality PDF scans of your original certificates and supporting documents. You can upload a maximum of 15 files with your application.

1. Use a scanner or scanning app. If you do not have a scanner, we recommend installing the free Adobe Scan app on your mobile device. Do not photograph supporting documents.
2. Ensure each scanned document is:
   1. PDF file smaller than 2 MB
   2. Readable with no blur, glare or dark areas
   3. Complete with all information on the original document visible
   4. One certificate or document per PDF file. An English translation may be combined with a statutory declaration in the same file.
3. If you are using a scanner, check the settings to ensure the scan’s dimensions are larger than 10cm x 15cm (4″x 6″) but no larger than 21.5cm x 35.5cm (8.5″ x 14″).

Each scanned file is checked for basic requirements when it is uploaded and then is also manually reviewed to ensure it is of satisfactory quality to be included in the land title register. Following these requirements will prevent delays in the processing of your application due to poor quality scans.

If submitting by mail or in person

Include original certificates and documents with the application. Do not enclose copies. Original certificates will be returned to you at your appointment or include a self-addressed stamped envelope with your mailed application and LTSA will send back your certificates.

Note: court certified document copies submitted with your application will not be returned.

LTSA uses the BC Services Card app to verify the identity of the applicant and to sign the online application. The applicant may be a surviving owner requesting the transmission or someone acting on their behalf.

If you don’t have the BC Services Card app on your mobile device, you need to set it up first.

Learn how to log in using a mobile device or a computer.

Log in with the BC Services Card app

Once you have filled out the online application, the total fees owing will be calculated for you.

Fees payable

GST and PST exempt fees:

• $81.27 registration fee for each parcel
• $10.00 filing fee for the Transparency Declaration
• $16.25 per parcel for a State of Title Certificate

GST (5%) is payable on:

• $3.30  service charge per transaction if submitting online

Payment methods

• Online: Visa and Mastercard

• By mail: cheque, bank draft or money order payable in Canadian funds to: Land Title and Survey Authority of British Columbia. Cash is not accepted.
• In person: Visa, MasterCard, debit card, bank draft, money order or cheque

There is no fee to file a Property Transfer Tax Return. If you owe Additional Property Transfer Tax, include with your application a cheque, bank draft or money order for this amount, payable to the Minister of Finance. The online application will help you determine if and how much Additional Property Transfer Tax is owing.

Additional fees will be charged by LTSA to correct or withdraw your land title application if it cannot be registered (see item 6 under Statutory Services under the Land Title Act).