Q&As

Where individuals hold property as joint tenants, under what circumstances can the right of survivorship be overridden on the death of one of the joint tenants so that the property does not pass automatically to the surviving joint tenant(s)?

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Published on: 09 September 2020
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Where two or more people together own real property, they hold it under a Trust of Land. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal estate must be held by the co-owners as joint tenants. The beneficial interest in the property can, however, be held by the co-owners either as:

  1. •

    joint tenants, or

  2. •

    tenants in common

Where

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Trust of land definition
What does Trust of land mean?

Any trust (express, implied, resulting or constructive) of property that consists of or includes land.

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