The Affidavit of Survivorship is a crucial document in Canadian property law that facilitates the transfer of property ownership when one joint tenant dies. It is specifically used when property is held in joint tenancy with right of survivorship, rather than as tenants in common. The document must be sworn before a commissioner of oaths or notary public and typically includes details about the property, confirmation of the joint tenancy, proof of death, and a declaration of survivorship rights. This affidavit is necessary for updating land registry records and establishing clear title for the surviving owner(s). The requirements and exact format may vary by province, as property law falls under provincial jurisdiction in Canada, but the fundamental purpose remains consistent across all jurisdictions: to provide official documentation of the automatic transfer of ownership that occurs upon the death of a joint tenant.
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1. Title and Introduction: Identifies the document as an Affidavit of Survivorship and introduces the affiant with their full legal name, occupation, and address
2. Oath Statement: Standard declaration that the affiant is making the statement under oath or solemn affirmation
3. Property Description: Detailed legal description of the subject property, including street address and legal identifier
4. Joint Tenancy Declaration: Statement confirming that the property was held in joint tenancy, including details of the deed or transfer document
5. Death Confirmation: Statement confirming the death of the joint tenant, including date and place of death
6. Survivorship Claim: Declaration that by reason of death and joint tenancy, the affiant is now the sole owner of the property
7. Supporting Documentation Statement: Reference to attached documents that support the claims made in the affidavit
8. Truth Declaration: Standard closing statement affirming that the contents are true to the best of the affiant's knowledge
9. Signature Block: Space for affiant's signature and commissioner of oaths or notary public's authentication
1. Additional Title Holders: Required when there were more than two joint tenants and some remain alive
2. Marriage Status Declaration: Required in jurisdictions where marital status affects property rights or when the deceased joint tenant was the affiant's spouse
3. Prior Name Declaration: Required when the affiant or deceased person had name changes that appear on property documents
4. No Severance Declaration: Optional statement confirming that the joint tenancy was never severed prior to death
5. Tax Compliance Statement: Required in jurisdictions where tax clearance must be confirmed for property transfers
1. Death Certificate: Certified copy of the death certificate of the deceased joint tenant
2. Property Deed: Copy of the deed or transfer document showing joint tenancy ownership
3. Legal Property Description: Detailed legal description of the property if too lengthy to include in main document
4. Name Change Documentation: If applicable, documents proving legal name changes of any parties
5. Marriage Certificate: If applicable, when the deceased was the spouse of the affiant
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