Transfer of registered owner upon death

[Ranada]

Hello, my father recently passed and we are in the process of selling his Canadian registered boat. Only his name was on the registry. Do we have to transfer to my mom's name before we can sell to new owner?


Thanks in advance
Sean

[deblen]

https://tc.canada.ca/en/marine-trans...g-registration

[goboatingnow]

I would presume you will have to go through probate to allow transfer of ownership

[PerfectPirate]

If you go to the web address posted above by Deblen, you can find an email address for sending inquiries to Transport Canada. Note that there are different addresses for inquiries about licensing and about registration.

In my dealings with them last year, I found them to be responsive, pleasant and helpful. Be specific about the nature of your issue and ask for their recommended solution. Also, be aware that they are getting a lot of business right now and their office arrangements are probably still a bit chaotic because of Covid. Be patient, but assertive, while remaining reasonable.

[TrentePieds]

Sean:

I am NOT a lawyer, but you will find that the below comments are a reliable summary of the Canadian situation:

Only the executor of the deceased's estate will have the authority to dispose of the deceased's chattels, including sale of a vessel. and to deal with all matters related thereto such as removing a vessel from the Register or cancelling the the vessel's licence. If the vessel is "sold" by anyone OTHER than the Executor, the sale will not be valid, and the purchaser will have an action in tort. There may be most unwelcome sanctions devolving on the seller!

If the deceased had a Will, the identity of the Executor will be stated in the Will. If the deceased died "intestate", i.e. died without having a Will, the deceased's estate will, in essence, be "frozen" and be subject to the administration of the Courts. The Courts, will direct the disposal of the estate and distribute the proceeds in accordance with the "Intestacy Rules". They are complex, and family members believing that they have "rights" to all or part of the estate will, regardless of what they believe, inherit what those rules say they will inherit - nothing more, nothing less.

The rules vary from province to province.

If your father was a Canadian citizen, Permanent Resident or normally domiciled in Canada on the date of his death, Canadian law applies, and if applicable at all, the Intestacy Rules of his province of residence will apply.

Do be careful that you do not fall victim to well meaning advice from American laymen, or indeed American "attorneys". Canadian law is Canadian law, and whatever the American situation regarding intestate estates may be, American law has zero relevance.

If your father died intestate, I highly recommend that you consult a solicitor in the province where your father resided. Seeking guidance from members of a forum such as this in matters of such potential gravity is NOT sound policy!

Condolences for your loss, and all the best to you.

TrentePieds

[jmschmidt]

Probate is grossly expensive in most of the United States. That is why most of us have living trusts.

[sepharad]

Listen to trente. I bought a boat that a family had failed to probate. It launched a series of miseries. I have also personally had to probate 2 estates. I am not a lawyer but have personally experienced both probate and people who screwed up probate. Dont be that person

Set up the probate. Then after you do what is required to seek out creditors, the court will allow liquidation of assets by the executor.

Selling or distributing ANY assets from an estate without proper probate can have unpleasant penalties.

People do it, then get stuck and the court then take total control. Talk to a probate attorney. Not uncle Joe or an attorney who does not focus on probate. I don't know about Canada, but in the US, improper management of probate accounts by attorneys who dont specialize, is a major cause of Bar censure.

Good luck.

[Cadence]

Originally Posted by Ranada

Hello, my father recently passed and we are in the process of selling his Canadian registered boat. Only his name was on the registry. Do we have to transfer to my mom's name before we can sell to new owner?


Thanks in advance
Sean

I'm not in Canada, in the US I would get it to probate court, which is not as ominous as it sounds, can be handled via phone.
For what it is worth.

[Ranada]

Thank you all for your replies. My mother is the executor of the will, therefore she has legal right to sell the boat as all assets of the estate are now legally hers. My question only concerned whether the changing of the name on the registry was required to the sell the boat.

[C420sailor]

That’s a question for TC. In my American state, the executor can sign the vehicle over—and isn’t required to transfer it into his/her name first.

Getting the 411 from the horse’s mouth is the best bet here.

I’m very sorry for your loss...

[TrentePieds]

Sean:

With that out of the way, you Mom can sell the boat. The NEW OWNER will apply to TRANSPORT CANADA, whether the boat be REGISTERED or LICENSED, for the owner's name to be changed in TC's records. Best, though not absolutely required for a licensed boat, to submit a copy of the Bill of Sale as evidence that the boat is now his. Your mother doesn't have to do that.

TC's application form that the new owner will use for a LICENSED boat (which the boat in question most likely is) is found here:

https://wwwapps.tc.gc.ca/Corp-Serv-G.../84-0172_BO_PX

All the best

TP