Authority Ministry of Finance

Mrs. Kemani called us because she felt like she had no options. She said her children were trustees of her money because she had a mental illness which made it unsafe for her to manage her own funds. When the trust purchased her home, Mrs. Kemani learned that she could not claim the Home Owner Grant because her name was not on title. Mrs. Kemani said that this was unfair as her children could not claim the grant either because they did not live with her. Mrs. Kemani said that no one would explain why the trust (of which she was the beneficiary) could not claim the grant. We investigated whether the Home Owner Grant Administration had adequately explained the reasons for its decision to deny the grant to Mrs. Kemani.

When we spoke with a senior auditor at the Home Owner Grant office she explained, and we confirmed, that the law did not allow for a beneficiary of a trust to claim the grant. The auditor explained there may be some options open to Mrs. Kemani and her family which could make her eligible in the future. She agreed to write to Mrs. Kemani explaining the decision with some of the available options.

We reviewed the letter that the Home Owner Grant auditor sent Mrs. Kemani and noted that it explained fully why she was not eligible for the home owner grant under the circumstances, and outlined options that might be open to her in the future. The letter also recommended that Mrs. Kemani seek legal advice before taking any action regarding the title of the property to make sure she and her children understood all the possible consequences of any changes to title. Mrs. Kemani appreciated the explanation

Category Housing and Property
Type Case Summary
Fiscal Year 2012
Location Vancouver Island / Sunshine Coast