Subscribe to my personal channel for videos on how to study law effectively & efficiently: / @heygarethevans Since a joint tenant is not regarded as having a distinct share in the co-owned land, he or she is not able to dispose of his or her interest by will on death, nor will it pass on intestacy if no will is made. Instead, on the death of one joint tenant, the remaining joint tenants obtain the interest of the deceased. The last survivor of the group becomes a sole beneficial owner.
In a joint tenancy, the land is held collectively by the joint tenants as a group. When one of the group dies, the remaining members of the group (even if only one is left) remain as joint tenants (ie owners) of the property. When you are down to one person they are the sole owner. In the most common case, where property is held by a couple (married or unmarried), this means that when one partner dies, the other, by the operation of this doctrine of survivorship, or jus accrescendi, automatically becomes the sole owner of the property, irrespective of any contrary provision in the deceased’s will.
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SEE MY VIDEO ON CO-OWNERSHIP AND JOINT TENANCY (PART 1) ➡️
• Co-ownership and Joint...
If you liked this blog post you may like my website post on 'Joint Tenancy and Tenancy in Common': digestiblenotes.com/law/land/...