A Survivorship Application in Ontario is a legal procedure used when one owner of a property held in joint tenancy passes away. In such instances, the property is automatically passed to the surviving joint tenant(s) without going through probate or being included in the deceased’s estate for distribution. This process is based on the principle of the “right of survivorship”, a feature of joint tenancy ownership.
The application is a document submitted to the Ontario Land Registry Office that allows the deceased individual’s name to be removed from the property title, effectively transferring full ownership to the surviving joint tenant(s). The application must be accompanied by a copy of the death certificate and any other required documents to prove the joint tenant’s death.
It’s important to differentiate a Survivorship Application from a will, as the former operates outside the terms of the deceased’s will under the joint tenancy arrangement. This legal tool is specifically designed to streamline the process of property transfer in the event of death, ensuring that the surviving owner(s) can assert their rights to the property without undue delay or the need for probate court proceedings. This process is guided by section 123 of Land Titles Act, R.S.O. 1990, c. L.5.
In property law, there are two ways in which two or more individuals can hold title to a property – “Joint Tenants” and “Tenants in Common“. Their main differences are their survivorship rights and ability to endow the property interest.
Joint Tenants:
Tenants in Common:
These differences have significant implications for estate planning and property management. In a joint tenancy, the property does not become part of a deceased person’s estate for probate purposes, whereas in a tenancy in common, it does. Thus, individuals must choose the form of ownership that best suits their circumstances and intentions for the property.
The following is required for the survivorship application:
Insight Law Professional Corporation is dedicated to helping clients with Survivorship Applications. If you need assistance from a Toronto Real Estate Lawyer, contact us today and see how we can help you.
The information provided above is general and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
Demet Altunbulakli is the owner and founding lawyer of Insight Law Professional Corporation with 8+ years of experience spanning real estate law, business law, estate planning, litigation, strategic consultations, and customer service. Throughout the years, she has gained a verifiable track record in overseeing the delivery of legal services including commercial & residential real estate purchases & sales and corporate & commercial transactions. With many accomplishments and demonstrated ability in managing multi-client portfolios, promoting quality service delivery, encouraging referrals, leading client consultations, assessing needs, and providing solutions. Demet is looking forward to enabling clients to achieve their objectives, establishing strong relationships with stakeholders, and boosting client satisfaction. Demet obtained her LL.B. from the prestigious Galatasaray University in Istanbul, Turkey. Her studies were in French and Turkish, except for the period when she was an exchange student at the University of Florence. There, she studied law in English and Italian. Mrs. Altunbulakli attended the University of Alberta Faculty of Law for her training in Canada.