How do I deal with the survivorship rules and jointly held property?

Section 5(2) of the Wills and Succession Act provides that if 2 or more people die at or around the same time and hold property jointly, the property is deemed to be held as tenants in common with each other unless the Court finds a contrary intention.

In practice, if you wish to sever the titles, the Land Titles Office will accept a Statutory Declaration sworn by an individual with knowledge of the facts that sets out the relevant information and circumstances, including providing evidence of the death such as a death certificate or funeral director’s statement of death. The Land Titles Office will also accept a Court Order which would provide the appropriate instructions. As with any deceased estate, it will still be necessary to transmit title into the personal representative’s name in order to deal with the land.