The Affidavit of Survivorship is a crucial legal document used in Ireland when a joint property owner dies and the surviving owner needs to establish their right to full ownership. This document is specifically required when property is held in joint tenancy with right of survivorship, allowing the property to automatically pass to the surviving owner without going through probate. The affidavit must include specific details about the property, the deceased owner, proof of death, and a formal declaration of survivorship rights. It is commonly used in both residential and commercial property contexts and must comply with Irish property law, succession legislation, and registration requirements. The document serves as evidence for the Land Registry and other official bodies to update property records and recognize the surviving owner as the sole proprietor.
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1. Introduction and Identification: Identifies the affiant (surviving owner) including full name, address, and occupation
2. Property Details: Specific details of the jointly owned property including address, title/deed number, and registration details
3. Joint Ownership Declaration: Statement confirming the property was held in joint tenancy with right of survivorship
4. Deceased Owner Details: Information about the deceased co-owner including full name, date of death, and last known address
5. Death Verification: Statement confirming the death of the co-owner and reference to the death certificate
6. Survivorship Claim: Declaration that by right of survivorship, the affiant is now the sole owner of the property
7. Statement of Truth: Formal declaration that all statements made in the affidavit are true
8. Signature and Notarization: Space for affiant's signature, witness details, and notary/commissioner for oaths certification
1. Multiple Properties: Additional section listing all properties held in joint tenancy when more than one property is involved
2. Marital Status Declaration: Statement about the marital status of the deceased when relevant to inheritance rights
3. No Probate Statement: Declaration that no probate is required due to joint tenancy arrangement
4. Tax Compliance: Statement regarding any applicable tax obligations or exemptions
5. Prior Agreements: Reference to any relevant agreements affecting the property ownership
1. Schedule A - Death Certificate: Certified copy of the death certificate of the deceased joint owner
2. Schedule B - Property Title: Copy of the property deed or title showing joint ownership
3. Schedule C - Marriage Certificate: If relevant, copy of marriage certificate between deceased and surviving spouse
4. Schedule D - Property Documents: Copies of any additional property-related documents referenced in the affidavit
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Relevant Teams
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Relevant Roles
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Real Estate Agent
Property Manager
Title Officer
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Probate Specialist
Conveyancing Solicitor
Estate Planning Advisor
Land Registry Officer
Notary Public
Commissioner for Oaths
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