An Application to be Registered Proprietor by Survivorship is used where a surviving joint proprietor becomes entitled to the deceased person’s interest in registered land following the death of a joint owner.
This commonly applies where property was owned by two or more people as joint tenants and one of the owners has passed away.
Under a joint tenancy, the deceased owner’s interest does not usually form part of their estate and instead passes automatically to the surviving registered proprietor or proprietors.
We can assist with the preparation and lodgement of an Application to be Registered Proprietor by Survivorship.
We will require evidence of the death of the registered proprietor (an original or certified copy of the Death Certificate, Probate or Letters of Administration) to support the Application.
If the property is mortgaged, the process will also usually involve obtaining the mortgagee’s consent and arranging for the mortgagee to produce the Certificate of Title to the Land Titles Office.
Please note that survivorship applications only apply where the property was held as joint tenants. Different requirements apply where property was owned as tenants in common.