Rule of Survivorship Flashcards
(14 cards)
The “right of survivorship” (ius accrescendi) means that when one joint tenant dies:
A. The deceased’s interest automatically accrues to the surviving joint tenants
B. The deceased’s share passes under their will
C. The deceased’s interest vests in the Crown
D. The surviving joint tenants hold as tenants in common
A. The deceased’s interest automatically accrues to the surviving joint tenants
Explanation: In a joint tenancy, co-owners share one single interest; on death, the deceased’s notional share merges into the survivors’ interests
Survivorship operates immediately on death and therefore overrides:
A. Any mortgage or charge on the joint tenant’s share
B. Any provision in the deceased joint tenant’s will
C. The unity of possession
D. The requirement for probate
B. Any provision in the deceased joint tenant’s will
Explanation: Survivorship vests the interest in survivors before a will takes effect, rendering testamentary gifts of a JT’s share ineffective
Which of the following is not one of the four unities required for a joint tenancy?
A. Unity of possession
B. Unity of interest
C. Unity of contribution
D. Unity of time
C. Unity of contribution
Explanation: The four unities are possession, interest, title, and time; contribution (e.g., amount paid) is irrelevant
The right of survivorship does not apply to interests held as:
A. A joint tenancy
B. A tenancy in common
C. A legal mortgage
D. A trust for sale
D. A trust for sale
Explanation: Survivorship applies only to joint tenancies; a trust for sale does not create a JT or TIC interest of its own
Alice and Bob hold land as equitable joint tenants. Alice dies. The land becomes owned:
A. By Alice’s heirs under her will
B. By Bob alone, automatically
C. Jointly by Bob and Alice’s estate
D. By the Crown until probate
B. By Bob alone, automatically
Explanation: Survivorship vests the entire interest in the survivor at the moment of death
Carol and Dave hold land as tenants in common in shares 60:40. Dave dies leaving any share in his will to his niece. Carol’s share becomes:
A. 100 % automatically
B. 60 % plus niece’s 40 %
C. 60 % (her original share) only
D. 40 % only
C. 60 % (her original share) only
Explanation: TIC shares do not survive; Dave’s 40 % passes under his will, Carol keeps her 60 %
Eve, Frank, and Grace held as three JTs. Frank dies, then Eve dies. Grace’s share is:
A. 33 % only
B. 50 % only
C. 100 % as sole survivor
D. 0 % (estate holds Frank’s share)
C. 100 % as sole survivor
Explanation: Successive survivorship fuses all co-owners’ interests into the last surviving JT
Hannah and Ian hold legal title as joint tenants but equitable title as tenants in common, 50 % each. Ian dies. The equitable interest:
A. Accrues to Hannah by survivorship
B. Passes under Ian’s will
C. Becomes 100 % Hannah’s by operation of law
D. Remains split 50 % : 50 % under TIC
D. Remains split 50 % : 50 % under TIC
Explanation: Equitable TIC shares do not enjoy survivorship; each share passes per the tenancy in common
Jack and Kelly purchase land as equitable joint tenants but never discuss contributions. Kelly dies. Jack’s interest is:
A. 50 % only
B. 100 % only
C. Subject to resulting trust for Kelly’s estate
D. Held by the Crown pending probate
A. 50 % only
Explanation: Absent clear unities (resulting trust presumption), equity presumes TIC, so no survivorship—Jack retains only a 50 % share
Liam and Mia hold land as equitable joint tenants. Liam’s will leaves “my share” to a friend. On Liam’s death:
A. Liam’s friend takes his share
B. Mia takes the whole interest by survivorship
C. The share vests in the Crown
D. The trust converts to a tenancy in common
B. Mia takes the whole interest by survivorship
Explanation: Survivorship precedes wills; Mia, as surviving JT, becomes sole owner
Quinn and Rita hold as equitable JTs but then execute a written declaration of trust stating “separate equal shares.” All four unities exist. Their interest becomes:
A. Equitable JT (unities prevail)
B. Equitable TIC as per express declaration
C. Resulting trust automatically
D. Legal JT only
B. Equitable TIC as per express declaration
Nick, Omar, and Pam hold land as joint tenants. Nick later severs in writing his share before dying. On Nick’s death:
A. Omar and Pam remain JTs over 2/3, and Nick’s 1/3 passes under his estate
B. All three remain JTs
C. All three become TIC with equal shares
D. Omar and Pam become tenants in common in 50 % each
C. All three become TIC with equal shares
Explanation: A unilateral severance converts the entire co-ownership to TIC among all LN holders
Trustees hold legal title as joint tenants, but the express declaration of trust states the beneficiaries hold as tenants in common. One beneficiary dies. The surviving beneficiary’s interest is:
A. Entire interest by legal survivorship
B. Entire interest by equitable survivorship
C. Their declared TIC share only, with the deceased’s share passing under the deceased’s will
D. A new joint tenancy created by operation of law
C. Their declared TIC share only, with the deceased’s share passing under the deceased’s will
Explanation: Legal JT status of trustees does not affect the equitable TIC arrangement of beneficiaries; survivorship does not apply to TIC shares
Before Grace’s death, she served valid written notice severing her equitable joint tenancy with Henry. On Grace’s subsequent death, Henry’s interest is:
A. 100 % by survivorship
B. 50 % only, with Grace’s 50 % passing under her will
C. 0 % (estate holds all)
D. 75 % under resulting trust
B. 50 % only, with Grace’s 50 % passing under her will
Explanation: Severance before death converts Grace’s share into a TIC, so her 50 % passes by will; survivorship no longer applies to that severed share
