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Real Property • Concurrent Estates
PROP#051
Legal Definition
A testamentary disposition has no effect on a joint tenancy with right of survivorship due to the right of survivorship.
Plain English Explanation
It's very important to understand that, under a joint tenancy with right of survivorship, the exact moment one of the joint tenants die, their interest is automatically absorbed by the living joint tenants. Exams like to try to trick you with having a joint tenant leave a will that gives their interest to someone else. The problem is that there's nothing to give once they die. A will is a transfer of property after death, and by the time a will is relevant, the joint tenant's interest has already been absorbed by the other joint tenants.
Hypothetical
Hypo 1: Amy, Bob, and Carl are joint tenants with right of survivorship in Blackacre. Amy wants to leave her interest in Blackacre to Dan, so she puts Dan in her will. Amy dies. Result: Amy's will isn't effective until after she dies. The moment of her death, Amy's interest was absorbed by Bob and Carl. Thus, she has no interest in Blackacre to convey to Dan in her will, no matter what it may say.
Visual Aids
Related Concepts
In assessing the rights and duties of co-tenants, are encumbrances allowed?
In assessing the rights and duties of co-tenants, what are rents and profits?
In assessing the rights and duties of co-tenants, what is a judicial partition?
In assessing the rights and duties of co-tenants, what is contribution?
In assessing the rights and duties of co-tenants, what is possession?
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