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    Hi all, I can't find an answer to this anywhere so don't know if I'm asking a silly question or something. Anyway!

    If there are two joint tenants and two tenants in common all in equity (nothing to do with the legal estate) and one joint tenant dies, does the remaining joint tenant become a tenant in common of both their shares? Cos if one dies then the living one will have no one to be a joint tenant with, but if they become a tenant in common does survivorship apply?

    So if A and B are joint tenants and C and D are tenants in common of a quarter share each. B dies, A becomes a tenant in common of 2/4 shares with C and D a quarter share each?

    Thank you!
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    (Original post by mellb)
    Hi all, I can't find an answer to this anywhere so don't know if I'm asking a silly question or something. Anyway!

    If there are two joint tenants and two tenants in common all in equity (nothing to do with the legal estate) and one joint tenant dies, does the remaining joint tenant become a tenant in common of both their shares? Cos if one dies then the living one will have no one to be a joint tenant with, but if they become a tenant in common does survivorship apply?

    So if A and B are joint tenants and C and D are tenants in common of a quarter share each. B dies, A becomes a tenant in common of 2/4 shares with C and D a quarter share each?

    Thank you!
    Yes this is correct.
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    (Original post by mellb)
    Hi all, I can't find an answer to this anywhere so don't know if I'm asking a silly question or something. Anyway!

    If there are two joint tenants and two tenants in common all in equity (nothing to do with the legal estate) and one joint tenant dies, does the remaining joint tenant become a tenant in common of both their shares? Cos if one dies then the living one will have no one to be a joint tenant with, but if they become a tenant in common does survivorship apply?

    So if A and B are joint tenants and C and D are tenants in common of a quarter share each. B dies, A becomes a tenant in common of 2/4 shares with C and D a quarter share each?

    Thank you!
    (Original post by The West Wing)
    Yes this is correct.
    I was going to answer the OP but I realised I was wrong half way through.

    So there are 4 joint tenants of the same estate? A and B are joint tenants and C and D are tenants in common but if B dies then surely in a joint tenancy situation that survivorship would kick in and A would the sole owner but that wouldn't work with C and D?

    So A takes B's share but C and D's shares are unaffected?
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    (Original post by sleekchic)
    I was going to answer the OP but I realised I was wrong half way through.

    So there are 4 joint tenants of the same estate? A and B are joint tenants and C and D are tenants in common but if B dies then surely in a joint tenancy situation that survivorship would kick in and A would the sole owner but that wouldn't work with C and D?

    So A takes B's share but C and D's shares are unaffected?
    Yes, that's how I understand it.

    Start point :

    X on trust for [A,B] (50%) ,[C] (25%), [D] (25%)

    End point:

    X on trust for [A] (50%), [C] (25%), [D] (25%)
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    (Original post by The West Wing)
    Yes, that's how I understand it.

    Start point :

    X on trust for [A,B] (50%) ,[C] (25%), [D] (25%)

    End point:

    X on trust for [A] (50%), [C] (25%), [D] (25%)
    That makes it look a lot easier.

    Thanks
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    (Original post by mellb)
    if they become a tenant in common does survivorship apply?
    The position described above is right. But just to clarify: if A were to die subsequently, his share would get passed on according to his will or the rules of intestacy. Ditto for B or C. None of the three has survivorship if another dies. Survivorship only applies between joint tenants, that is, as between A and B. Survivorship does not apply to tenants in common.

    (Original post by sleekchic)
    X
    On a practical note, one of my supervisors recommends drawing a diagram of legal/equitable interests to clarify things--even in exams. It can help you get everything straight in your head.
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    Thanks very much everyone, i just couldn't find anything on it, driving me mad! :P yeah I drew the diagram but got stuck at the last part, haha.
    Thanks again, very much appreciated!
 
 
 

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