Right of Survivorship
Learn how the right of survivorship works in Canadian real estate — how it affects co-ownership, estate planning, and property succession.
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
Average and median describe different aspects of the same month’s transactions. Both are affected by the mix of homes sold.
Category averages compare different homes and locations; the gaps are not estimates of the cost to upgrade an otherwise identical property.
The five categories shown account for 5,000 of the board’s 5,057 sales. The remaining 57 transactions were in other housing categories.
Monthly observations are not seasonally adjusted. Active listings count properties available at month-end; they are not construction inventory.
Average and median prices share one dollar axis. These unadjusted transaction measures do not control for changes in the homes sold.
TRREB’s 416/905 categories compare the apartments sold in each area. The difference does not isolate a location premium for equivalent units.
5680 Oak Street in Vancouver and its surrounding context. (MCMP Architects)
Ground-level renderings of the tower proposed for 5680 Oak Street in Vancouver. (MCMP Architects)
