RES exam question on Private Property Sale: Two co-owners died last month
Two co-owners died last month. Mr Tan held his unit with Mrs Tan as joint tenants; his will leaves everything to his son. Mrs Lim held hers with Mr Lim as equal tenants in common; her will leaves her estate to her sister. Both survivors want to sell now. (i) Since the Tans held as joint tenants, therefore Mrs Tan now owns the whole unit by survivorship, whatever Mr Tan's will says. (ii) Mrs Lim's half share passes under her will, so her executor needs a grant of probate before it can be sold. (iii) Mrs Tan does not need a grant of probate to sell, as Mr Tan's interest did not pass under his will. (iv) The Lim unit can be sold only when Mr Lim and Mrs Lim's executor both sign the transfer. Which statements are correct?
- A(i), (ii) and (iii) only
- B(ii) and (iv) only
- C(i), (iii) and (iv) only
- D(i), (ii), (iii) and (iv)
Show answer & explanation
Answer
D. (i), (ii), (iii) and (iv)
Explanation
Answer: (i), (ii), (iii) and (iv). Survivorship gives Mrs Tan the whole Tan unit outside the will, while Mrs Lim's share passes under her will through her executor.(i) True. On a joint tenant's death the survivor takes the whole by survivorship. The gift to the son does not reach the unit.(ii) True. Tenants in common have no survivorship. Mrs Lim's share passes under her will, and only her personal representative, holding a grant of probate, can transfer it.(iii) True. Nothing of Mr Tan's interest passes through his estate. Mrs Tan becomes sole owner once the death is proved and noted on the title.(iv) True. The Lim unit needs Mr Lim's signature for his half and the executor's for the other.Watch out: A joint tenant cannot leave his interest by will, because survivorship operates outside the will.Rule: Joint tenants hold the whole together, and on one's death the survivor takes the entirety. Tenants in common hold distinct shares, and a deceased owner's share passes under her will.Source: Land Titles Act 1993, sso.agc.gov.sg, read 1 Oct 2026; /learn/joint-tenancy-vs-tenancy-in-common
Study the concept behind this question: En Bloc, Auction & the Private Sale Process (Singapore)
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