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Co-Ownership and Types of Ownership: Tenants in Common vs. Joint Tenancies

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Co-Ownership and Types of Ownership: Tenants in Common vs. Joint Tenancies

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Questions and Answers

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?

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?

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?

Presumes both parties have died simultaneously for estate distribution purposes Signup and view all the answers

How does the Law of Property Act 1925 differ from the Succession Act 1965 in handling cases of uncertain simultaneous deaths?

It presumes the youngest deceased JT's estate will get the property Signup and view all the answers

What is the significance of 'presumption of simultaneous deaths' in cases of uncertainty as per the text?

It determines the legal and equitable ownership of property Signup and view all the answers

What is the term used to describe a situation where two or more persons concurrently own property?

Co-ownership Signup and view all the answers

What are the two main types of co-ownership mentioned in the text?

Tenants in common and Joint tenancies Signup and view all the answers

What is the distinguishing feature between joint tenancies (JTs) and tenants in common (TICs)?

The requirement of four unities and the right of survivorship Signup and view all the answers

What happens to the property when one of the joint tenants (JTs) dies?

The remaining JT becomes the sole owner due to the right of survivorship Signup and view all the answers

What characteristic of joint tenancies (JTs) makes it effectively a 'last man standing rule'?

Equal shares held by each JT of the entire property Signup and view all the answers

What can a tenant in common (TIC) do with their share of the property upon death?

It can be handed down in a will or intestacy Signup and view all the answers