Joint Tenancy

Joint Tenancy is an extremely common manner in which title to land is held. Spouses and/or family members often hold title in this manner. The outstanding feature of joint tenancy is the right of survivorship. When one joint tenant dies, that joint tenant's whole interest passes automatically by operation of law to the survivor(s) without attracting "Probate Fees" apart altogether from and notwithstanding any provision in the Will of the joint tenant who has died.

It remains important to note that when spouses own property as joint tenants and notwithstanding the passing of title by survivorship, both parties need Wills to cover the situation of both dying in a common disaster.

Revised March 2015