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
An overview of Hedge Road Landing. (Alliance Homes)
6525 Mississauga Road and its surrounding context. (RBC Capital Markets & CBRE)
Property details for 6525 Mississauga Road. (RBC Capital Markets & CBRE)
National average resale-price growth and housing-starts growth, smoothed over three months. The comparison illustrates the cycle; it does not establish how much a price change causes construction to change.
Trailing 12-month starts in centres of 50,000 or more remove the usual monthly seasonality. Ownership combines the homeowner and condominium categories; rental is shown separately.
Six-month averages of provincial starts, expressed at annual rates. The smoothing reduces the influence of individual apartment projects.
The same August benchmark compared with two different starting points. Three-month changes are not annualized.
Average sale prices show the difference in purchase costs across markets. They do not measure affordability relative to local incomes or construction costs.
Newfoundland and Labrador remains above its pre-pandemic sales pattern, but August activity was below last year. Historical lines retain their original release vintages.
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.
Highlights from the Delta Golf & Country Club listing brochure. (Colliers)