Interests as joint tenants, &c., under wills of testators dying before commencement of Act
62A Interests as joint tenants, &c., under wills of testators dying before commencement of Act
Where, under the will of a person who died before the commencement of this Act, a person (in this section called "the beneficiary") is beneficially entitled to an estate in land as a joint tenant, or to an undivided share of an estate in land, and the legal estate in the land is not vested in the personal representative, or in a trustee of the estate, of the testator, or The Public Trustee certifies that it is doubtful whether the legal estate is so vested, the following provisions apply:If there is no personal representative of the testator the beneficiary may appoint a trust corporation as personal representative and on its acceptance of the appointment that trust corporation becomes the personal representative of the testator;The beneficiary and the personal representative of the testator (whether appointed under paragraph (a) or otherwise) may execute a vesting declaration declaring the legal estate in the land to be vested in the personal representative;A vesting declaration under this section has effect on its registration as mentioned in subsection (2) or subsection (3), and when such a declaration so has effect the legal estate to which it relates vests in the personal representative upon the trusts of the will as if it had so vested by virtue of the will.
Where the land referred to in subsection (1) is under the Land Titles Act 1980 the Recorder shall upon application of the personal representative and on being satisfied that the beneficiary is entitled to the share or interest he claims register the personal representative as proprietor of the entirety of the estate in that land of the deceased as if he had been entitled to be so registered under section 98 of that Act.
If the land referred to in subsection (1) is not under the Land Titles Act 1980 any instrument of appointment or declaration under this section shall be deemed to be an instrument within the meaning of the Registration of Deeds Act 1935 and may be registered accordingly.
A trust corporation is under no obligation to accept an appointment under subsection (1)(a).
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