Right of Survivorship

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.

• 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