Transmission on death of surviving joint tenant

About registering transmissions on the death of a surviving joint tenant, including life estates and leases for life.

Two transmissions need to be registered if the last surviving joint tenant dies before a transmission by survivorship to that person was registered.

The first transmission should be a transmission by survivorship to the last surviving joint tenant.

The second transmission should be a transmission by executor/administrator to the executor or administrator of the estate of the last surviving joint tenant.

The practitioner certifying the transmission instrument will need to hold as evidence:

  • an A&I form from each executor or administrator of the last surviving joint tenant that records both transmission instruments
  • a statutory declaration from the executor or administrator that includes a recital about the sequence of events for both the transmission by survivorship and the transmission to the executor or administrator
  • certified copies of the death certificates of each joint tenant
  • a certified copy of the probate or letters of administration of the last surviving joint tenant.

Life estate or lease of life

For life estates or leases for life only 1 transmission determining the life estate is required. The practitioner certifying the transmission instrument will need to hold as evidence:

  • an A&I form from the remainderman or reversioner
  • a statutory declaration from the remainderman or reversioner that includeds a recital about the sequence of events for the deaths of the life tenants, and
  • certified copies of the death certificates of the life tenants.
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