Transmission on death of surviving joint tenant

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.