Step by Step Guide to finalize your Survivorship Application with Landmark Law

In order to commence our services promptly and facilitate a smooth application, please provide the following by the stated timelines. Delays in receiving the information may result in closing issues and additional charges may apply. Thank you for your cooperation!

For a standard Survivorship Application with no mortgage, our fee is $595.00 + HST + Government Fees/Disbursements (~$78.69 for registration - goes up every year; title/writ search ~$40.00-$100.00 or more depending on the number of title holders).

Note: We are happy to assist you with the Survivorship Application. However, a title transfer without third party consent (except for spouses) is possible only if there is no mortgage on title. If there is a mortgage on title,  then it requires a refinance that will need the bank or private lender’s consent and re-underwriting of the mortgage with all the (new) title owner’s name. If that is  the case, we will re-quote you.

Please immediately provide Landmark Law with:
[If anything need to be submitted by email to Landmark Law, please email winnie@landmarklaw.ca]
Click Here to send us an Email!!!

i. Email Titled/Deed Documents including Final Report received from your Purchasing Lawyer. Ownership structure should be "Joint Tenants".

ii. Email the Death Certificate and the Will (if any) of the title holder who passed away (our condolences).

iii. Email Two valid ID's for each title holder
(e.g. Canadian Driver's License, Credit Card, Passport/PR; Health Card not accepted.).
Please make sure to submit a clear "front-side" and "back-side" scan or photocopy of your two pieces of identification.

iv. Remit $300 Retainer payable to "Landmark Law Professional Corporation, in Trust" or e-transfer to winnie@landmarklaw.ca
If by e-transfer, please provide Landmark Law with the e-transfer secret password.

v. Complete the Landmark Law's Standard/Joint Retainer
PDF Retainer to complete by hand and scanned back: PDF Standard/Joint Retainer [Click Here]

vi. Complete Form 1A - Landmark Law's Verification of Identity Form
[Option to either complete online or by PDF]
[To change language between English, Traditional Chinese and Simplified Chinese, you may select them respectively from the drop down menu on the top right corner of the Form.]

Online Form to complete online: Online Form 1A [Click Here] or immediately above from the embedded Form
PDF Form to complete by hand and scanned back: PDF Form 1A [Click Here]


vi. Provide Landmark Law in writing and signed acknowledgement of who (their full legal name) is to be added on title or who will be the recipient of the title transfer and detailed reasons as to why that individual is provided a free gift. If spouses are involved (both on title of the real property), individual legal advice or a waiver (not recommended) of each spouse's respective consent is required.

vii. For taxes, it is recommended that you speak with your accountant or tax professionals on the impacts the title transfer has on income tax, capital gains tax, or Land Transfer Tax. Generally, if the Gift Transfer (there is no consideration for the transfer of title) is to children, there is no Land Transfer Tax. The new title holders will be subject to property tax going forward.

Note: If there are any missing or incomplete information please submit them as soon as they are available to Landmark Law.

Please provide or confirm the following to/with Landmark Law as soon as possible:

i. If applicable, signed mortgage documents with the lender (i.e., bank) and obtain the lender's "Address for Service" (their service address).

ii. If applicable, update fire/home insurance and inform the insurance broker or insurer of the full legal entity name of your lender and their "Address for Service".
Please provide Landmark Law with a copy of the insurance policy
[For freehold purchases only: if there is no mortgage, fire/home insurance is not mandatory but recommended].

iii. Inform Landmark Law of any travel plans you may have before finalizing your Title Gift Transfer.

i. If applicable, prepare and remit closing funds, if any to Landmark Law.

ii. Schedule your remote signing appointment with Landmark Law
[Book the remote appointment date as soon as possible after you received printing documents from Landmark Law]

Book your Appointment: Booking Scheduler [Click Here] or immediately above from the embedded booking calendar


iii. Signing Appointment Preparations:
[Landmark Law will email you the documents to print]

1. Please bring originals of your previously e-mailed identification (2 valid IDs per person) to the video meeting for our inspection.
   
2. For the video meeting, you are only required to print one (1) copy of the attached documents for signing purposes. Please set your printer to enable the pages to “shrink to fit” to enable legal sized government documents to print out on letter size paper. Double-sided printing is fine.
   
3. If applicable, please keep documents in separate piles for ease of reference during the meeting.
   
4. If applicable, please hand write the unique identifier code in the lower left hand corner of all pages of the closing documents.
   
   Your unique identifier code is:
   The capitalized first two letters of your last name followed by the numeric month and date of your refinance closing.
   
   For example: If the closing date for my refinance is October 15th and my last name is "Chen". Then my unique identifier code will be "CH1015".
   
   
5. Please let Landmark Law know the location (e.g. city, etc. - which City) you will be at for the remote meeting and signing.
   
   We have to update the jurat for your signing appointment (the subscribed memo near the end of signing documents, generally beside your signature, that shows the date and location of your sworn oath or affirmation).
   
   
6. After you signed the documents during the video meeting, please scan over your signed documents.
   

iv. Review the following information on Steps Involved in Remote Signing:

In anticipation of our meeting, please refer to the following information/steps to keep you informed of what is expected and the setup for the meeting:

Before the meeting:

1. Please print all the relevant documents that require review and signing.
2. Please prepare two pieces of ID [i.e. Driver's License, Passport, Credit Card; Health Card is not acceptable].
3. Please plan ahead and prepare to attend the meeting at a secure and totally private space with adequate and good soundproofing.
4. It is recommended that you prepare earphones/earbuds/headphones/headsets for use throughout the remote meeting - for clearer audio and somewhat added security.

During the meeting:

1. First, we will ask for your consent to video recording for compliance purposes.
2. We will ask you to present the two pieces of ID you prepared before the meeting by showing us the front and backside of these IDs. Please present them within the frame of the camera view for it to be captured.
3. After this, we will ask you to present to us slowly a 360 degree view of the location you are at for the meeting and for signing by ensuring that it is of a totally private nature.
4. Then you will be asked to present each page, one after another, of the relevant documents that require review and signing by holding them up to the camera to be captured. Please present them within the frame of the camera view for them to be captured.
5. It is important to note that throughout the meeting we are not able to pause and allow interruptions from any 3rd parties, as this meeting is private.
6. After these initial prep work before and during the meeting (Steps 1-5), our lawyers will proceed to go over all the relevant documents with you and answer any questions you may have.
7. Lastly, when you proceed to sign the documents, we will ask you to adjust your laptop camera or phone camera and that it be positioned in a way that allows the capture of each document when you are signing it.

i. Completing the Transfer - Wait for Updates from Landmark Law - CONGRATULATIONS!!!

ii. If applicable, remit the outstanding balance to Landmark Law (e-transfer to winnie@landmarklaw.ca) once you receive Landmark Law's invoice.
[please provide Landmark Law with the e-transfer secret password]

iii. Landmark Law will inform and request the city's property tax department to update the new owners information for future tax bills.

iv. If a refinance is required, Landmark Law's Final Report will be provided to you in 4 - 6 weeks time.

v. If no refinance is required, Landmark Law will provide you with the amended title/deed once new title is registered with Land Titles.

vi. If you were happy with our service, we would appreciate a 5-Star Google Review and "like" on Facebook/LandmarkLawPC. Thank you again for choosing and believing in Landmark Law!

Questions