Right of Survivorship

Learn how the right of survivorship works in Canadian real estate — how it affects co-ownership, estate planning, and property succession.

Right of Survivorship

May 22, 2025


What is Right of Survivorship?

The right of survivorship is a legal feature of joint tenancy that allows a deceased co-owner’s share of property to automatically pass to the surviving joint tenant(s).

Why Right of Survivorship Matters in Real Estate

In Canadian real estate, this right helps co-owners avoid probate and ensures a smooth transfer of ownership. It is commonly used by spouses or family members co-owning property.

Key features include:
  • Applies only to joint tenancy (not tenancy-in-common)
  • Takes precedence over wills for that asset
  • Prevents delays in estate administration

Property held with right of survivorship cannot be willed to a third party. This simplifies succession but may limit estate planning flexibility.

Understanding the right of survivorship helps co-owners make informed decisions about how their property will be handled after death.

Example of Right of Survivorship in Action

A married couple owns their home in joint tenancy. When one spouse dies, full ownership passes automatically to the surviving spouse by right of survivorship.

Key Takeaways

  • Transfers property automatically to surviving co-owner.
  • Available under joint tenancy.
  • Skips probate and estate proceedings.
  • Cannot be overridden by a will.
  • Common among spouses and families.

Related Terms

  • Joint Tenancy
  • Tenancy-in-Common
  • Ownership Rights
  • Estate Planning
  • Legal Title

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