RES exam question on Land Law: Aaron and Bala own a condominium as joint tenants
Case study: Aaron and Bala own a condominium as joint tenants. Facing debt, Aaron transfers his interest to a creditor without Bala's knowledge. Aaron later dies. Which is/are correct? (i) Joint tenancy carries the right of survivorship, so on a joint tenant's death his interest normally passes to the surviving joint tenant, not his estate (ii) Aaron's transfer of his interest severs the joint tenancy, converting his share into a tenancy-in-common (iii) Because the joint tenancy was severed before Aaron's death, survivorship does not apply to that severed share (iv) A tenancy-in-common share cannot be disposed of by will
- A(i) and (ii) only
- B(i), (ii) and (iii) only
- CAll of the above
- D(ii), (iii) and (iv) only
Show answer & explanation
Answer
B. (i), (ii) and (iii) only
Explanation
Issue: How does a unilateral transfer affect a joint tenancy and the right of survivorship? Rule: A joint tenancy carries survivorship — on death, the interest accrues to the surviving joint tenant(s). A joint tenant can sever the joint tenancy unilaterally (e.g. by transferring/alienating his interest), converting his share into a tenancy-in-common, which has NO survivorship and CAN pass under a will. Application: Survivorship is the default for the joint tenancy (i); Aaron's transfer severs it as to his share, creating a tenancy-in-common (ii); severance before death defeats survivorship for that share (iii). Conclusion: (i), (ii) and (iii) are correct.
Why the other options are wrong
- The trap is (iv): a tenancy-in-common share can be left by will.
Study the concept behind this question: Joint Tenancy vs Tenancy-in-Common (Singapore)
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