Menu
In life, change is the only constant. This is especially true when it comes to property ownership, where various factors may bring about unexpected shifts. One such scenario could involve the untimely passing of a spouse or co-owner of a property. In these instances, understanding the concept of the ‘right of survivorship’ becomes critical. Ontario, like many jurisdictions worldwide, has specific laws in place that govern this important legal principle.
A title means the legal right to own and possess property. A land title document implies the person named in the land title is the legal owner of the property.
One person can own property, or two or more persons can own a property together as co-owners. If two or more people own a property, they have to hold title to land as Joint Tenants or Tenants in Common. The term tenants should not be confused with people leasing a property to pay rent. Therefore joint ownership of Property in Ontario can either be Joint Tenants or Tenants in Common.
Joint ownership of Property in Ontario does not mean both co-owners hold the property in equal shares. An inspection of the land title transfer document would be required to identify the registered owner’s status as Joint Tenants or Tenants in Common.
The ‘right of survivorship’ is a unique legal principle that applies to a form of property ownership known as joint tenancy. If you purchase a property with a legally married spouse or decide to become joint tenants with another individual, you inherently acquire the right of survivorship.
In essence, the right of survivorship dictates that if your spouse or a co-owner predeceases you, their share of the property is automatically distributed to you or any other surviving joint tenants. This mechanism allows for seamless continuity of ownership, even in the face of tragic circumstances.
Moreover, the right of survivorship carries a significant legal authority: it can override probate and any other process dividing the estate of joint owners. Thus, even if the deceased’s will outlines a different plan for property distribution, the right of survivorship takes precedence.
Survivorship rights become even more important when considering matrimonial homes in Ontario. When a legally married couple owns a home as joint tenants, they both have matrimonial and survivorship rights to the property.
Even if your name isn’t explicitly listed on the property title, you, as the surviving spouse, are entitled to the matrimonial home, regardless of any conflicting stipulations in your late partner’s will. The only exception to this rule would be if the home needs to be sold due to bankruptcy.
Filing a survivorship application allows you to retain the home while also assuming responsibility for the mortgage payments and property taxes. This step can help you avoid incurring estate administration taxes. Moreover, upon your passing, you can leave the home to your children or other beneficiaries listed in your will.
When dealing with property ownership, estate planning, and survivorship rights, it’s always recommended to seek legal counsel. Navigating these legal waters can be complex, and an experienced lawyer can provide invaluable guidance throughout the process.
Your lawyer can assist with survivorship applications, advise you on how to effectively plan your estate, and ensure all relevant documents are in order. Their expert advice can provide peace of mind during a difficult time and safeguard your interests.
Our Real Estate Legal Fees for a Survivorship Application in Ontario Costs $450 + HST, including all law office disbursements. In addition, government registration Fees of $78.79 and Law Society Transaction Levy of $65 is not included in Legal fees.
We always provide a speedy, reliable and efficient service to our clients.
A survivorship application can be processed within 24 hours unless submitted over the weekend or on a public/bank holiday.
To file a survivorship application, you need to retain a real estate lawyer familiar with title transfer. Our real estate lawyers ensure that the entire process is taken care of on your behalf from start to finish.
The process starts with a quote request. Once you “okay” the quote, someone from our service desk will contact you shortly to explain the next steps. Next, you will receive an email containing instructions and a link on which to submit all the required documents. Once we have received the documents, we will allocate a commence work on your file and keep you informed throughout the process.
With all your closing documents in place, we will book an appointment with you to review and sign all the respective documents for the Survivorship Application, Ontario. Depending on your schedule, location and convenience, our lawyer can meet with you at a designated location or virtually.
(905) 795 7757
info@slclawyer.ca
(905) 795 7757
Our clients can retain our legal services online by completing the get started online form. Once we have received your request to retain our services, documents and payment we will confirm in writing if we will be representing you in the matter. It is that simple.
Client Intake information
Multiple Meeting Locations
Ajax | Aurora | Peterborough | Barrie |Barrhaven | Bowmanville | Brampton | Brantford | Burlington | Cambridge | Chatham | Clarington | Cooksville | Durham Region | Kanata | Etobicoke | GTA | Guelph | Halton Region | Hamilton | Kawartha | Kingston | Kitchener | London | Markham | Milton | Mississauga | Muskoka |Nepean | Newmarket | Niagara | North York | Oakville | Ottawa | Orleans | Peel Region | Pickering | Richmond Hill | Sault Ste Marie | Scarborough | Saint Catherines | Stouffville | Sudbury | Thornhill | Thunder Bay | Toronto | Unionville | Uxbridge | Vaughan | Waterloo | Whitby | Windsor | York | Ontario | Canada
Ⓒ 2020 – SHAIKH LAW FIRM – slc lawyer – All Rights Are Reserved.
Disclaimer: The content on this website is for information purposes only and it does not create any solicitor-client relationship or be used as a substitute formal legal advice. Login
Call Now