Situation

You are attempting to set up the ownership structure of a title or interest as “Joint Tenants With No Survivorship.”

Solution

1. Registering as Joint Tenants with No Survivorship
   The Land Titles Act, 2000 allows for the set up of “Joint Tenants with No Survivorship” in the event that the registered owners are trustees.
   
   To establish that you are a trustee you must provide ISC with a trust document or affidavit to verify that a trust relationship exists. A sample affidavit is attached at the end of this document.
   
   NOTE: Evidence is not necessary if the new owner(s) is a trustee for a religious society (e.g., the United Church of Canada).
    
2. Dealing with Titles or Interests Held by Joint Tenants with No Survivorship
   Where two or more persons hold a title or interest as Joint Tenants With No Survivorship, the Registrar will not accept any applications for registration unless either:
   
   1. All joint tenants registered on title consent to the application.
   2. A court order has been obtained allowing for the authorization of the application.

 
NOTE: If a joint tenant is deceased, a court order must be attached to the application. Letters probate, letters of administration and affidavits of surviving joint tenant are not acceptable as there is no allowance for "survivorship."

Sample Affidavit: Word | PDF

If you have any further questions, please contact our customer support team.
 
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