Affidavit Of Survivorship To Remove A Deceased Owner From Title Template for Canada

When a joint property owner dies in Canada, you need to formally remove their name from the property title and establish clear ownership. An Affidavit Of Survivorship To Remove A Deceased Owner From Title is the legal document that accomplishes this transfer under Canadian property law, specifically governed by provincial Land Title Acts.

When do you need this document?

You'll need this affidavit when property was held in joint tenancy with right of survivorship and one of the joint tenants has died. This situation commonly arises when spouses own their family home together, business partners co-own commercial property, or family members inherit property as joint tenants. The document is essential for updating land registry records, selling the property, refinancing mortgages, or transferring the property to new owners. Without this affidavit, you cannot prove your sole ownership rights or conduct any transactions involving the property.

Key legal considerations

The affidavit must clearly establish that the property was held in joint tenancy, not as tenants in common, since only joint tenancy includes automatic survivorship rights. You'll need to provide the exact legal description of the property, including lot numbers, plan numbers, and registry details. The document requires official proof of death, typically a death certificate issued under the provincial Vital Statistics Act. Your sworn statement must confirm your identity as the surviving joint tenant and declare that no other parties have claims to the property. Be aware that providing false information in a sworn affidavit constitutes perjury under the Canada Evidence Act and can result in criminal charges.

Legal requirements in Canada

Each province has specific requirements under their respective Land Title Acts for affidavit content and execution. The document must be sworn before a Commissioner of Oaths, notary public, or other authorized official as required by provincial legislation. You'll need to attach supporting documents including the death certificate, copies of the current title, and proof of your identity. Some provinces require additional documentation such as estate valuations or tax clearance certificates. The Family Law Act may also apply if the property was a matrimonial home, potentially requiring spousal consents or additional declarations. Personal Information Protection Act requirements govern how personal information in the affidavit is collected, used, and disclosed during the registration process.