Podcast
Questions and Answers
What does the term 'commorientes' refer to in the text?
What does the term 'commorientes' refer to in the text?
- A regime under the Law of Property Act 1925
- The youngest deceased JT's estate getting the property
- A situation where it is impossible to determine who died first (correct)
- A legal term referring to property inheritance
How does the Succession Act 1965 handle cases of uncertain simultaneous deaths?
How does the Succession Act 1965 handle cases of uncertain simultaneous deaths?
- Requires clear and cogent evidence to show who died first
- Presumes they have died simultaneously (correct)
- Applies the English approach of determining the youngest deceased JT's estate
- Presumes the youngest deceased JT's estate will get the property
How does the judge in Re Kennedy Kearns explain when uncertainty arises in cases of simultaneous deaths?
How does the judge in Re Kennedy Kearns explain when uncertainty arises in cases of simultaneous deaths?
- Uncertainty arises when both parties die without wills
- Uncertainty arises when there are multiple successors
- Uncertainty arises when it cannot be eliminated by certainty (correct)
- Uncertainty arises when clear evidence is presented
What effect does S68 of the CLMP Act 2008 have on cases of simultaneous deaths in Ireland?
What effect does S68 of the CLMP Act 2008 have on cases of simultaneous deaths in Ireland?
How does the Law of Property Act 1925 differ from the Succession Act 1965 in handling cases of uncertain simultaneous deaths?
How does the Law of Property Act 1925 differ from the Succession Act 1965 in handling cases of uncertain simultaneous deaths?
What is the significance of 'presumption of simultaneous deaths' in cases of uncertainty as per the text?
What is the significance of 'presumption of simultaneous deaths' in cases of uncertainty as per the text?
What is the term used to describe a situation where two or more persons concurrently own property?
What is the term used to describe a situation where two or more persons concurrently own property?
What are the two main types of co-ownership mentioned in the text?
What are the two main types of co-ownership mentioned in the text?
What is the distinguishing feature between joint tenancies (JTs) and tenants in common (TICs)?
What is the distinguishing feature between joint tenancies (JTs) and tenants in common (TICs)?
What happens to the property when one of the joint tenants (JTs) dies?
What happens to the property when one of the joint tenants (JTs) dies?
What characteristic of joint tenancies (JTs) makes it effectively a 'last man standing rule'?
What characteristic of joint tenancies (JTs) makes it effectively a 'last man standing rule'?
What can a tenant in common (TIC) do with their share of the property upon death?
What can a tenant in common (TIC) do with their share of the property upon death?
