06/10/2026
“Just add your child to the title. It avoids probate.”
It’s one of the most common pieces of estate planning advice in Canada. It’s also one of the most frequently regretted.
Joint ownership and beneficiary designations are both legitimate ways to pass assets outside your estate. Both can save time and fees. But here’s what people often don’t realize until it’s too late:
When you add your child to the title, you lose control.
You can’t sell, refinance, or mortgage the property without their consent. If your relationship changes, you may find yourself in a difficult position with no easy way out.
The property is exposed to your child’s creditors.
Divorce. Bankruptcy. Lawsuit. If any of these happen to your child, their interest in your home could be at risk.
It may not even avoid probate.
The Supreme Court of Canada has established that when a parent adds an adult child to a property title, the law presumes the child is holding it in trust for the parent. Without clear documentation that a gift was intended, the asset may still go through probate anyway.
And there are tax consequences.
Adding a child to the title is treated as a disposition at fair market value. If the property has appreciated, you may owe capital gains tax immediately, not when you die.
Beneficiary designations on RRSPs, TFSAs, and insurance work differently. They’re generally simpler and safer. But they come with their own considerations, especially the fact that RRSPs and RRIFs are fully taxable at death unless rolled to a spouse.
The families who navigate this well are the ones who coordinate their decisions. Joint ownership, beneficiary designations, and wills need to work together, not in isolation.
And yes, you still need a will. Even with perfect beneficiary designations on everything.
This post is for informational purposes only and does not constitute financial, tax, or legal advice. Consult a qualified professional before making financial decisions.
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