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Co ownership and Commorientes

  • 12-04-2008 1:11pm
    #1
    Font22
    Closed Accounts Posts: 753 ✭✭✭


    Hi everyone,

    Just wondering if anyone could give me some pointers on the cases of Re Phene's Trusts and Re Kennedy Estates in relation to Commorientes and Co ownership. I know the concept etc but dont have any case law on it and can't find my damn Land Law book! Any help would be greatly appreciated!!

    Thanks,
    Font22


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yo Font22. I don't have case notes for the two you cite, sorry.


    Commorientes arises when joint tenants all die in circumstances in which it is impossible to ascertain which of them died first. Section 5 of the Succession Act needs to be looked at. I always find Coughlan of use.


  • #3
    Font22
    Closed Accounts Posts: 753 ✭✭✭Font22


    Thanks Tom, actually got notes on the two cases in the end. basically section 5 of the succession act is based on the case of re phenes and the kennedy case just illustrates that descendants of the joint tenants will inherit as joint tenants themselves. basically irelands approach is better than englands. they say that the oldest will be deemed to have died first despite the lack of evidence to show this. silly england!!!! sorry bout the lack of punctuation, in a nervous state about 2moro!!


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