When you own property with someone, it’s natural to wonder what happens if one of you dies. In Queensland, if the property is held as joint tenants, the surviving owner automatically inherits the deceased’s share under the right of survivorship.
This means the property doesn’t form part of the deceased’s estate or pass under their Will — ownership transfers instantly at death, without probate or court approval.
Knowing how joint tenancy operates could save your family from costly surprises when ownership changes hands.
What Is Joint Tenancy?
Joint tenancy is a common way for couples, families, and business partners to own property. Each owner has an equal, undivided right to the entire property. In other words, all joint tenants collectively own the whole property together — not individual sections of it.
Its defining feature is the right of survivorship: when one joint tenant dies, their share automatically passes to the surviving owner or owners, regardless of what their Will says.
If there are three joint tenants, the deceased’s share is split equally between the two survivors. When one of them later dies, the remaining owner becomes the sole owner of the property.
This arrangement simplifies ownership by avoiding probate, but it can also lead to conflict. Because you can’t leave your share to anyone else in your Will, disagreements may arise — especially in blended families or where co-owners have different estate planning goals.
How the Transfer Happens
While ownership transfers instantly in principle, some paperwork is still required to formally update property records. The surviving owner must notify the Queensland land titles registry to record the death and confirm themselves as the sole registered proprietor.
This involves submitting:
- A certified copy of the death certificate
- A completed Request to Record Death form
- The original Certificate of Title, if one exists
Once processed, the deceased’s name is removed from the title, and the surviving owner becomes the sole registered proprietor.
This administrative process is relatively straightforward compared to the lengthy probate process that applies to assets passing through a will. It gives the surviving owner peace of mind and legal clarity about their continued ownership.
Tax and Financial Implications
When a joint tenant dies, the surviving owner inherits the deceased’s share automatically. While this transfer doesn’t usually attract stamp duty, there are still a few important tax considerations to keep in mind.
1. Capital Gains Tax (CGT)
From a CGT perspective, the surviving joint tenant is treated as having acquired the deceased’s share of the property at market value on the date of death. This means the cost base for your ownership will now consist of:
- Your original purchase cost for your share, and
- The market value of the deceased’s share on the date they passed away
If you sell the property later, this may affect the capital gains calculation. Getting tax advice early can help you understand your potential future liabilities and avoid surprises down the track.
2. Land Tax
Once the property is solely in your name, you’re fully responsible for any land tax payable. Depending on how the property is used — for example, as an investment or primary residence — you might be entitled to certain exemptions.
You should notify the Queensland Revenue Office of the change in ownership to ensure your land tax assessment remains accurate.
3. Stamp Duty
Generally, stamp duty doesn’t apply when ownership changes through the right of survivorship, because there’s no sale or transfer between living parties. However, if you later transfer the property or restructure ownership, normal stamp duty rules will apply.
Joint Tenancy vs Tenants in Common
One of the biggest sources of confusion for property owners is the difference between joint tenancy and tenancy in common.
With joint tenancy, each owner has an equal interest, and the property automatically passes to the surviving owner upon death.
With tenancy in common, each owner holds a defined share of the property — for example, 60% and 40%. These shares don’t have to be equal and are treated as separate assets. When one owner dies, their share becomes part of their estate and is distributed according to their Will (or under intestacy laws if there’s no Will).
If there are three or more owners, each person’s share is still distinct. For instance, one person might own 50%, another 30%, and another 20%. When one of them passes away, only their share is affected — the remaining co-owners keep their respective interests, and the deceased’s portion passes through their estate rather than automatically to the other.
In short:
- Joint tenancy = automatic transfer to the surviving owner
- Tenancy in common = ownership passes under the Will
Choosing the right structure depends on your goals. Married or de facto couples often prefer joint tenancy for simplicity, while business partners or investors usually opt for tenancy in common to maintain individual control and flexibility over succession planning.
Can You Change a Joint Tenancy?
Yes, you can end a joint tenancy at any time by converting it to a tenancy in common.
To do this, you’ll need to serve written notice on the other joint tenant(s) and lodge the required documents with Titles Queensland. Once complete, each owner holds a distinct share that can be left to someone else in their Will.
People often sever a joint tenancy when relationships change or their estate plans evolve. For example, they may wish to leave their share to children from a previous relationship rather than their co-owner.
Our team can help you assess whether severing your joint tenancy is the right move and handle the process from start to finish.
When Things Get Complicated
While survivorship usually operates smoothly, complications can arise. Some of the more common issues include:
Disputes Over Ownership
Family members sometimes challenge whether a property was genuinely held as joint tenants, particularly if there are concerns about undue influence, lack of capacity, or unclear documentation at the time of purchase.
Simultaneous Deaths
If joint tenants die at the same time — such as in an accident — determining who legally died first can affect who ultimately inherits the property. The Succession Act 1981 (Qld) contains rules for these situations, but they can be complex and emotionally charged.
Family Provision Claims
Even though the property automatically passes to the surviving joint tenant, family members left out of the estate may still bring a family provision claim. Courts can sometimes consider the value of jointly held property when assessing whether adequate provision has been made for dependants.
These scenarios highlight the importance of professional legal and estate planning advice. What seems simple on the surface can quickly become complicated when family dynamics, blended families, or large estates are involved.
Planning Ahead: The Role of Legal Advice
If you own property jointly, it’s wise to review how it’s held and what that means for your estate plan. The form of ownership you choose affects not only what happens when someone dies, but also taxation, asset protection, and how easily property can be transferred in the future.
Experienced estate planning and property lawyers like ours can:
- Review your property ownership structure
- Explain the legal and tax implications
- Help you decide whether to maintain or sever a joint tenancy
- Prepare the documents needed for any change
Proactive advice now can save your loved ones confusion and conflict later.
Final Thoughts
When a joint tenant dies in Queensland, the right of survivorship ensures the surviving owner automatically inherits the deceased’s share. It’s a simple and efficient process that avoids probate — but it also removes flexibility to control where that asset goes through a Will.
Updating the title with Titles Queensland, understanding your tax obligations, and reviewing your overall estate plan are essential steps to make sure everything is in order.
At Big Law, our Strathpine Estate Planning Lawyers and Conveyancing Lawyers can help you navigate these transitions with confidence and care. Whether you’re restructuring ownership or reviewing your Will, we’ll ensure everything is handled correctly and compassionately.
