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Joint Survivorship Deed Template for Hong Kong

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Key Requirements PROMPT example:

Joint Survivorship Deed

"I need a Joint Survivorship Deed for a residential property in Hong Kong's Mid-Levels area, to be held between myself and my spouse, with specific provisions preventing either party from severing the joint tenancy without mutual consent."

Document background
The Joint Survivorship Deed is a specialized legal instrument commonly used in Hong Kong's property market to establish or formalize joint tenancy arrangements. This document is particularly relevant when multiple parties wish to ensure that their property interests automatically pass to surviving owners upon death, without going through probate. The deed must comply with Hong Kong's Conveyancing and Property Ordinance (Cap. 219) and requires registration with the Land Registry. It's frequently used in family property arrangements, investment partnerships, and estate planning scenarios, offering a clear legal framework for joint property ownership with built-in succession provisions. The document includes detailed property descriptions, ownership declarations, and specific survivorship rights, making it an essential tool for property ownership structuring in Hong Kong.
Suggested Sections

1. Parties: Identification of all joint tenants entering into the deed

2. Background: Recitals explaining the current ownership status of the property and the purpose of creating/confirming joint tenancy

3. Definitions: Key terms used throughout the deed including Property, Joint Tenants, Survivorship Rights

4. Declaration of Joint Tenancy: Express declaration that the property is held as joint tenants with right of survivorship

5. Rights of Survivorship: Detailed provisions regarding the automatic passing of ownership upon death of a joint tenant

6. Covenants: Mutual promises between the joint tenants regarding property management and restrictions

7. Registration: Provisions for registration of the deed with the Land Registry

8. Governing Law: Confirmation that the deed is governed by Hong Kong law

9. Execution: Formal requirements for signing and witnessing the deed

Optional Sections

1. Severance Restrictions: Additional provisions restricting the right to sever the joint tenancy, used when parties want to ensure the arrangement cannot be easily terminated

2. Property Management: Detailed provisions about how the property will be managed, used when the property is for investment or complex usage arrangements exist

3. Mortgage Provisions: Provisions dealing with existing or future mortgages, used when the property is or may be mortgaged

4. Death Notification Procedure: Specific procedures for dealing with the death of a joint tenant, used in complex cases or where formal procedures are desired

5. Tax Declarations: Statements regarding stamp duty or other tax implications, used when tax considerations are significant

6. Dispute Resolution: Specific procedures for resolving disputes between joint tenants, used in complex cases or where relationships may be strained

Suggested Schedules

1. Schedule 1 - Property Details: Detailed legal description of the property including lot number, address, and registration particulars

2. Schedule 2 - Existing Encumbrances: List of any existing mortgages, charges, or other encumbrances affecting the property

3. Schedule 3 - Current Ownership Details: Details of current ownership structure and any relevant title documents

4. Schedule 4 - Property Management Rules: Specific rules and procedures for property management if applicable

5. Appendix A - Property Plans: Copy of property plans or floor plans if relevant

6. Appendix B - Land Search: Recent land search results showing current ownership and encumbrances

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




















Relevant Industries

Real Estate

Property Development

Banking & Finance

Legal Services

Wealth Management

Family Office

Property Investment

Corporate Real Estate

Private Banking

Relevant Teams

Legal

Real Estate

Property Management

Wealth Management

Compliance

Corporate Secretarial

Trust Administration

Private Client Services

Conveyancing

Relevant Roles

Property Lawyer

Real Estate Manager

Wealth Manager

Estate Planner

Property Investment Manager

Legal Counsel

Conveyancing Manager

Company Secretary

Trust Officer

Property Administrator

Compliance Officer

Real Estate Partner

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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