Affidavit Of Surviving Joint Tenant Template for Hong Kong

When you jointly own property in Hong Kong and your co-owner passes away, you'll need an Affidavit Of Surviving Joint Tenant to establish your exclusive ownership rights. This sworn statement is a legal requirement under Hong Kong property law that confirms your right of survivorship and enables you to update official records with the Land Registry.

When do you need this document?

You must file this affidavit whenever a joint tenant of Hong Kong property dies and you need to establish sole ownership. This includes situations where you're preparing to sell the property, refinance an existing mortgage, or simply want to update the title records. Banks and financial institutions typically require this document before processing any loan applications or property transactions. Property agents will also request this affidavit to verify clear title before listing your property for sale. The document is essential for removing the deceased person's name from the property title and establishing your unencumbered ownership rights.

Key legal considerations

Your affidavit must include comprehensive property details, including the exact legal description, lot number, and registered address. You'll need to provide evidence of the original joint tenancy arrangement, typically through reference to the deed or instrument that created the joint ownership. Proof of death is mandatory and usually requires attaching a certified copy of the death certificate. The document must clearly state your relationship to the deceased and confirm that you were indeed joint tenants, not tenants in common. Any outstanding mortgages or encumbrances on the property should be disclosed, as these may affect your ability to deal with the property freely.

Legal requirements in Hong Kong

Under the Conveyancing and Property Ordinance (Cap. 219) and Land Registration Ordinance (Cap. 128), your affidavit must be sworn before a Commissioner for Oaths or Notary Public in Hong Kong. The Oaths and Declarations Ordinance (Cap. 11) governs the formal requirements for making valid affidavits, including proper witnessing and authentication. You must register the affidavit with the Land Registry within a reasonable timeframe to protect your interests and ensure clear title. The Stamp Duty Ordinance (Cap. 117) may apply depending on the property value and circumstances, though transfers by survivorship are generally exempt from stamp duty. Land Registry Practice Notes provide specific guidance on documentation requirements and registration procedures that you must follow to ensure your affidavit is accepted and processed correctly.