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A survivorship affidavit is a sworn statement confirming that one co-owner of property held as joint tenants has died, and that the surviving co-owner is now solely entitled to the property by the right of survivorship. It is lodged with HM Land Registry to update the title register by removing the deceased's name, without the need for a grant of probate in respect of that property.

The right of survivorship applies automatically where two or more people hold property as joint tenants. On the death of one joint tenant, their share passes immediately to the surviving joint tenant or tenants by operation of law. This is different from tenants in common, where each owner holds a distinct share that passes under their will or intestacy rules.

No, not for the jointly held property itself. Probate is not required because the property never formed part of the deceased's estate; it passed automatically by survivorship. However, if the deceased also owned assets in their sole name, those will require probate or letters of administration to deal with them. The two processes are completely separate.

HM Land Registry requires an official copy of the death certificate, a completed AP1 application form, and the correct fee. An affidavit may also be required where there is any doubt about the survivorship or the identity of the surviving proprietor. The Land Registry's practice guide on joint ownership (PG24) sets out the current requirements in detail.

Joint tenants each own the whole of the property together, and the right of survivorship applies on death. Tenants in common each own a distinct share, which can be a different proportion for each owner, and their share passes under their will or intestacy on death. The difference is critical for estate planning; many couples switch from joint tenancy to tenancy in common for tax or inheritance reasons.

No. A will cannot override survivorship for property held as joint tenants. The deceased's share passes automatically to the surviving joint tenant regardless of what the will says. If the co-owners wish to be able to leave their share by will, they must sever the joint tenancy to convert it to a tenancy in common before death. Severance can be done unilaterally by written notice.

The transfer of a deceased joint tenant's interest to the survivor by operation of law is generally exempt from Stamp Duty Land Tax under the Finance Act 2003. Inheritance tax may still arise if the deceased's estate (including their share of the property immediately before death) exceeds the nil-rate band. An IHT assessment of the estate should be carried out regardless of survivorship.

The affidavit should identify the deceased joint owner by full name and date of death, confirm the property by title number or address, state the basis of joint ownership, exhibit a copy of the death certificate, confirm the deponent's identity and entitlement as survivor, and include the sworn declaration and commissioner's details. It should also confirm that the joint tenancy was not severed before the date of death.