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Bulletin information:

Issue Date: August 29, 1979
Legislation: The Land Titles Act

Bulletin content:

This Bulletin is intended to clarify the following situation with respect to partnership property.

Death of a partner – Upon the death of a partner, the surviving partner(s) may transfer the property without the personal representative of the deceased partner joining in the transfer provided:

  1. the material that would support a survivorship application accompanies the transfer; and
  2. the affidavit of the transferor states that the partnership has been dissolved by the death of the deceased partner and the transfer is necessary to wind up the affairs of the partner.

If the partnership agreement provides that the partnership is not dissolved upon the death of a partner, the personal representative of the deceased partner is entitled to be entered as an owner. In this case, in addition to the material required on a transmission application, the affidavit evidence must be produced to indicate that the partnership has not been dissolved upon the death of the deceased partner.

Original signed by:

M. D. Godfrey, Assistant Deputy Director of Titles