The Survivorship Deed is a crucial legal document in Hong Kong's property law system, used when a joint tenant of a property passes away and their interest needs to be formally transferred to the surviving joint tenant(s). This document is essential for updating property records at the Hong Kong Land Registry and provides clear evidence of the surviving owner's rights to the property. The deed must comply with Hong Kong's Conveyancing and Property Ordinance (Cap. 219) and Land Registration Ordinance (Cap. 128), requiring specific formatting, execution requirements, and registration procedures. It typically includes proof of death, property details, and formal declarations of survivorship rights. The document is particularly important as it helps avoid the need for probate proceedings regarding the jointly owned property.
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1. Parties: Identifies the surviving joint tenant(s) and details of the deceased joint tenant
2. Background: Recites the original property ownership, joint tenancy creation, and fact of death
3. Definitions: Defines key terms used in the deed including Property, Original Deed, Joint Tenancy, etc.
4. Evidence of Death: States the date of death and reference to death certificate
5. Declaration of Survivorship: Formal declaration of the surviving owner's claim to the property by right of survivorship
6. Property Details: Full legal description of the property and reference to title documents
7. Confirmation of Title: Confirms the surviving owner's absolute title to the property
8. Execution: Formal execution clause and signature requirements
1. Capacity Declaration: Required when the surviving owner is elderly or there might be questions about mental capacity
2. Multiple Properties: Additional section needed when the survivorship claim covers multiple properties
3. Power of Attorney: Required when the document is being executed through an attorney
4. Foreign Asset Declaration: Needed when the deceased owned foreign assets that might affect the survivorship claim
5. Tax Declarations: Required when there are specific tax implications that need to be addressed
1. Schedule 1 - Property Description: Detailed legal description of the property including lot number, address, and registered title details
2. Schedule 2 - Original Ownership Documents: List and details of original ownership documents including the deed creating joint tenancy
3. Schedule 3 - Death Certificate: Copy or details of the death certificate of the deceased joint tenant
4. Appendix A - Land Search: Current land search results showing the joint ownership
5. Appendix B - Supporting Documents: Copies of relevant supporting documents such as ID cards, proving the identity of parties
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