What Is Right of Survivorship and How Does It Work When a Co-Owner Dies in Ontario?

Right of survivorship means that when one joint owner dies, their share goes straight to the surviving owner or owners instead of into the estate. Property passes to the estate trustee only if no one else has a right to take it by survivorship. That is why survivorship overrides the will, so a deceased joint tenant's interest goes to the surviving joint tenants and not to the will's beneficiaries.

Two names on title do not always mean survivorship. Land given to two or more people is held as tenants in common unless the document shows they are to take as joint tenants. Spouses and common-law partners hold as joint tenants only if the deed says so. The presumption does not apply to land held by executors or trustees.

A tenant in common's share does not pass by survivorship. When the last joint owner dies, no one is left to take by survivorship, so the land goes to that person's estate trustee. Different rules apply to a matrimonial home held jointly with someone other than the spouse. Tax and family law rules can still apply, so it is worth confirming your situation with a lawyer.