Storeys.com
May 22nd, 2025
Learn how the right of survivorship works in Canadian real estate — how it affects co-ownership, estate planning, and property succession.
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). 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. 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.
Key Takeaways:
- Common among spouses and families
- Transfers property automatically to surviving co-owner
- Available under joint tenancy
- Skips probate and estate proceedings
- Cannot be overridden by a will
