Co-ownership with a right of survivorship — the survivor takes the whole automatically.
In Islamic law
A family home held jointly may be the single largest asset in an estate, so whether faraid reaches it matters more than any other question here — and it is genuinely unsettled. Singapore's MUIS Fatwa Committee ruled in 2019 that it is not divided by faraid, on the technical ground that the deceased's interest ceases rather than passes; but MUIS has held three different positions since 1997, and no other fiqh body appears to have ruled on joint tenancy at all. The competing view, taken by AMJA and by Qatar's Islamweb on comparable instruments, is that what matters is whether the deceased still owned the asset at death and whether the lifetime act that ended his ownership was a completed gift — which is the same question Canadian law asks under Pecore. Do not assume survivorship removes the asset from the shares; if you want it to follow them, hold as tenants in common.
In Canadian law
On the death of one joint tenant, the property passes to the survivor outside the estate and outside probate. Often used deliberately to reduce probate tax, but adding an adult child to title can create gift, tax and creditor problems, and courts may find a resulting trust rather than a true gift.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Joint tenancy with right of survivorship vs estate property ontario
- Joint ownership right of survivorship probate risks ontario
- Adding child to property title ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Joint tenancy with right of survivorship vs estate property ontario — Treadstone Law
- Joint ownership right of survivorship probate risks ontario — Treadstone Law
- Adding child to property title ontario — Treadstone Law
- Can a will override joint ownership survivorship ontario — Treadstone Law
- Wills & estates practice — Treadstone Law