Affidavit Of Survivorship Template for Australia

When a joint tenant dies in Australia, you need to formally establish your legal right to the property as the surviving owner. An Affidavit of Survivorship is the statutory declaration that proves your entitlement and enables you to update property records with the relevant Land Titles Office. This document serves as sworn evidence of the death and confirms your automatic inheritance under joint tenancy law.

When do you need this document?

You must prepare an Affidavit of Survivorship whenever a co-owner of jointly held property passes away and you need to register sole ownership. This applies to residential properties, commercial real estate, vacant land, and investment properties held in joint tenancy. The document is required whether the property was purchased together as spouses, business partners, family members, or friends. You'll need to file this affidavit with your state's Land Titles Office to remove the deceased person's name from the title and establish clear ownership records. Banks and financial institutions may also require this document before allowing you to refinance or sell the property.

Key legal considerations

Your affidavit must include specific information to meet legal requirements under Australian law. You need to provide the complete legal description of the property, including lot and plan numbers from the original title document. The affidavit must contain details of the deceased joint tenant, including their full legal name and date of death, supported by an official death certificate. You must also confirm that the property was held in joint tenancy rather than tenancy in common, as this affects inheritance rights. The document requires witnessing by an authorized person such as a Justice of the Peace, Commissioner for Declarations, or qualified solicitor. Any errors or omissions in the affidavit can delay the transfer process or result in rejection by the Land Titles Office.

Legal requirements in Australia

Australian Affidavits of Survivorship must comply with both federal and state legislation. The Statutory Declarations Act 1959 sets out the formal requirements for execution, including proper witnessing and the inclusion of required warning statements about false declarations. The Real Property Act 1900 governs property transfers and specifies what information must be included in survivorship affidavits. State-specific variations exist, so you need to ensure your document meets the requirements of the jurisdiction where the property is located. The Evidence Act 1995 establishes standards for documentary evidence, while the Succession Act 2006 provides the legal framework for property inheritance. Processing fees and timeframes vary by state, but most Land Titles Offices require the affidavit to be lodged within a reasonable time after the death occurs.