Does a Joint Tenant's Share Pass to the Survivor or Under the Will in Ontario?

If your parent owned property as a true joint tenant, the share generally goes to the surviving owner and not under the will. Property that passes by survivorship goes straight to the surviving owner, not into the estate, whether or not there is a will. The will does not control that property, because the rule that sends property to the estate trustee applies only where no right of survivorship is attached.

The key question is whether your parent really held as a joint tenant. Land in two or more names is generally held as tenants in common unless the document shows on its face that the owners take as joint tenants. Spouses and common-law partners also hold as joint tenants only if the deed says so. A tenant in common's share does not pass by survivorship.

There are exceptions. If a spouse dies owning a matrimonial home as a joint tenant with someone other than the other spouse, such as a child, the joint tenancy is deemed severed just before death and the share goes into the estate. Dependant support claims can also reach joint property. A lawyer can confirm how this applies to your family.