Affidavit Of Death Of Joint Tenant Template for New Zealand

When a joint tenant dies in New Zealand, their share of the property automatically passes to the surviving joint tenant(s) through the legal principle of survivorship. However, this transfer must be formally documented through an Affidavit of Death of Joint Tenant to update official records and clear the property title. This sworn statement serves as crucial evidence of the death and establishes the surviving tenant's full ownership rights under New Zealand property law.

When do you need this document?

You need an Affidavit of Death of Joint Tenant whenever a co-owner of jointly-held property dies and you need to update the land title or deal with financial institutions. This includes situations where you're selling the property, refinancing a mortgage, or simply want to ensure clear title for future transactions. Banks and lending institutions typically require this document before allowing surviving joint tenants to modify loan terms or access property equity. The document is also necessary when updating property insurance policies or dealing with local council rates and taxes that were previously in both names.

Key legal considerations

The affidavit must include specific information to be legally valid, including the deceased's full legal name, date of death, last known address, and details of the jointly-owned property. You must attach a certified copy of the death certificate as supporting evidence, and the document must clearly state that the property was held in joint tenancy rather than tenancy in common. The person making the affidavit (the deponent) must have personal knowledge of the facts stated and be able to swear to their truth. Any false statements in the affidavit can result in serious legal consequences, including charges of perjury. The document must be properly witnessed and sworn before an authorized official such as a Justice of the Peace, solicitor, or Commissioner for Oaths.

Legal requirements in New Zealand

Under the Property Law Act 2007 and Land Transfer Act 2017, the affidavit must comply with specific formatting and content requirements to be accepted by Land Information New Zealand (LINZ). The document must reference the correct property title number and legal description as shown on the certificate of title. You must submit the original sworn affidavit along with the appropriate application forms and fees to LINZ to update the property records. The Oaths and Declarations Act 1957 governs the swearing process, requiring that the deponent appears personally before the authorized official and confirms the truth of the statements. Processing typically takes 10-20 working days, during which LINZ will verify the information and issue an updated certificate of title showing the surviving joint tenant(s) as the sole owner(s).