What happens to the beneficial joint tenants' interests on the death of one?

Study for the CILEx Conveyancing Level 3 Exam. Prepare with targeted quizzes and interactive questions; each offers detailed explanations. Excel on your exam!

Multiple Choice

What happens to the beneficial joint tenants' interests on the death of one?

Explanation:
Beneficial joint tenants have the right of survivorship. When a joint tenant dies, their interest does not pass to their estate or heirs. Instead, the deceased’s share vests automatically in the surviving joint tenants, so the survivors take the entire property (or their enlarged shares) immediately. This happens because the four unities (possession, interest, title, and time) remain intact for the survivors, and the tenancy continues among them. Therefore, the deceased’s share passes automatically to the survivor(s).

Beneficial joint tenants have the right of survivorship. When a joint tenant dies, their interest does not pass to their estate or heirs. Instead, the deceased’s share vests automatically in the surviving joint tenants, so the survivors take the entire property (or their enlarged shares) immediately. This happens because the four unities (possession, interest, title, and time) remain intact for the survivors, and the tenancy continues among them. Therefore, the deceased’s share passes automatically to the survivor(s).

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