Estate Planning and Public Land Dispositions
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If you hold a public land disposition (i.e., lease, permit, licence) with another party, or if you are thinking of adding another party to a disposition that you hold, the following information may be of interest to you.
When two or more parties have a interest in a disposition on public land, they can hold that disposition as tenants in common or as joint tenants. The manner in which the disposition is held affects what happens to a disposition holder's interest in the disposition, should they die.
Tenants in common means that upon the death of a disposition holder, the deceased's interest passes on to the deceased's estate and not to the other disposition holder(s).
Joint tenancy means that upon the death of a disposition holder, the deceased's interest passes on to the other disposition holder(s), rather than to the deceased's estate.
Unless parties entering into a disposition with the Alberta Government specify that they want to hold the disposition as joint tenants, it's held as tenants in common.
Husbands and wives, common-law partners, or anyone who wants their interest in a disposition to pass on to the other disposition holder(s) should consider holding the disposition as joint tenants rather than tenants in common. This gives them the advantages of not having to assign the disposition or probate a will in order to transfer the estate's interest in a disposition.
In most cases it costs $50.00 to change a disposition from tenants in common to joint tenants.
Please note:
If you would like more information on changing your disposition, or if you wish to add another party to your disposition, please contact:
Alberta Sustainable Resource Development
Lands Division
Land Dispositions Branch
South Petroleum Plaza
9915 108 St.
Edmonton, AB T5K 2G8
Telephone: (780) 427 3570
Fax: (780) 422 9670
