Evidence of survivorship destination
22 Sep 04
What the Keeper will accept as sufficient evidence that a survivorship destination has not been evacuated
When processing an application for registration where one party is disponing the subjects on the strength of a survivorship destination contained in the previous title, the Keeper, as well as examining the Death Certificate of the deceased party, will require to be satisfied that the survivorship destination was not evacuated. The Keeper is aware that conclusive evidence of this is not easy to produce and that some doubt exists within the profession as to what evidence the Keeper will accept. For the avoidance of doubt, the Keeper will accept one of the following as sufficient evidence that the survivorship destination has not been evacuated:-
- an affidavit from either the seller or the executor of the deceased swearing that the destination has not been evacuated; or
- a letter from the applicant’s solicitor confirming the same; or
- a declaration in the deed inducing registration that the destination has not been evacuated.
Further information on this subject can be found in section 6.17 of the Registration of Title Practice Book (2nd Edition).