The Affidavit Of Surviving Joint Tenant is a crucial legal document used in Irish property law when one owner of a jointly-held property passes away. This document is required by the Property Registration Authority to update land registry records and formally recognize the surviving owner's full rights to the property. The affidavit must include specific details about the property, the deceased joint tenant, proof of death, and confirmation that the joint tenancy was not severed before death. It serves as official evidence of the right of survivorship and must be sworn before an authorized official. This document is particularly important in Ireland where property registration and transfer procedures are strictly regulated, and proper documentation is essential for maintaining accurate property records.
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1. Title and Jurisdiction: States the document type and the jurisdiction (Ireland) where the affidavit is being made
2. Deponent Information: Full legal name, address, and occupation of the surviving joint tenant making the affidavit
3. Property Description: Detailed legal description of the jointly owned property, including its address and registration details
4. Joint Tenancy Declaration: Statement establishing how and when the joint tenancy was created, with reference to the relevant deed or document
5. Deceased Tenant Details: Information about the deceased joint tenant, including full name, last address, and date of death
6. Death Verification: Statement confirming the death of the joint tenant and reference to the death certificate
7. Survivorship Claim: Declaration of the deponent's right of survivorship and claim to full ownership
8. No Severance Statement: Confirmation that the joint tenancy was not severed prior to death
9. Oath/Affirmation: Formal sworn statement of truth of the contents
10. Execution Block: Space for signature, commissioner for oaths details, and date
1. Marriage/Civil Partnership Status: Required if the property was jointly owned by spouses or civil partners, confirming the status of the relationship at time of death
2. Multiple Deaths Declaration: Required if there were multiple joint tenants and more than one has died
3. Bankruptcy Declaration: Required if there are concerns about the deceased's solvency or if requested by the registry
4. Foreign Death Statement: Required if the joint tenant died outside of Ireland, providing additional details about foreign death certification
5. Tax Compliance Statement: Required if there are relevant tax implications or clearances needed
1. Schedule A - Death Certificate: Certified copy of the death certificate of the deceased joint tenant
2. Schedule B - Property Title: Copy of the property title or deed showing joint tenancy
3. Schedule C - Identity Verification: Proof of identity of the surviving joint tenant
4. Schedule D - Marriage/Civil Partnership Certificate: If applicable, proof of relationship between the joint tenants
5. Schedule E - Foreign Documents: If applicable, authenticated translations of any foreign documents
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