The Affidavit of Death of Joint Tenant is a crucial legal instrument in Hong Kong's property law framework, used when one owner of a jointly held property passes away. This document is necessary to update property records and establish the surviving tenant's rights to full ownership. The affidavit must include specific details about the deceased joint tenant, proof of death, property information, and the basis for the right of survivorship claim. It is typically required by the Hong Kong Land Registry and financial institutions to process the property transfer and update relevant records. The document must be properly executed before a Commissioner for Oaths or notary public in accordance with Hong Kong's legal requirements.
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1. Title and Venue: Specifies the document type and jurisdiction (Hong Kong)
2. Affiant Information: Full legal name and address of the person making the affidavit (typically the surviving joint tenant)
3. Property Description: Detailed legal description of the jointly owned property, including address and lot number
4. Joint Tenancy Declaration: Statement establishing the existence of joint tenancy, including reference to the deed or instrument creating the joint tenancy
5. Death Declaration: Statement of the fact of death, including date and place of death of the deceased joint tenant
6. Supporting Documentation: List of attached documents proving death and joint tenancy
7. Right of Survivorship Claim: Statement claiming full ownership through right of survivorship
8. Verification: Sworn statement verifying the truth of the contents
9. Execution Block: Space for signature, date, and notarization/certification
1. Relationship Statement: Statement describing the relationship between the affiant and the deceased (used when relevant to establish credibility)
2. Additional Property Details: Extra details about the property or its ownership history (used for complex property arrangements)
3. Third Party Verification: Statements from additional witnesses confirming the death (used when death certificate is not readily available)
4. Foreign Law Compliance: Additional statements for compliance with foreign jurisdictions (used when property or parties have foreign connections)
1. Death Certificate: Certified copy of the death certificate of the deceased joint tenant
2. Property Deed: Copy of the deed or instrument creating the joint tenancy
3. Property Registration Documents: Copies of relevant Land Registry documents showing joint ownership
4. Identity Documents: Copies of identification documents of the affiant and deceased
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Document Processing
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Relevant Roles
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Real Estate Attorney
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Property Manager
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Banking Officer
Mortgage Specialist
Land Registry Officer
Property Rights Specialist
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Conveyancing Manager
Title Officer
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