Tuesday, 12 January 2016

Joint Tenancy v Intestacy

Q:
Hello,
My intestate father died leaving his estate. Although you informed me that his wife gets half and the children the other half; if his properties were Joint Tenancy with his wife, are the children still entitled to half his estate?

Thanks,
Curtis
 
A: 
In a joint tenancy, intestacy rules do not apply. Instead, we must rely on the “right of survivorship”. Survivorship means that when a Joint Tenant dies, his/her heirs have no claim in the property because the property is left for the surviving joint tenants ONLY.


This is usually a problem when a step-parent comes into the picture and s/he doesn't have a good relationship with the children from a previous relationship - those children usually get nothing.

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