Joint Tenancy Question

Ashashi

Just a query, if there are 3 people who are joint tenants and all have life estates, but one of them has a fee simple remainder, what is the situation if the tenant with the fee simple remainder predeceases the other tenants.

Do they other tenants acquire that fee simple remainder through the right of survivorship or does the fee simple become vested immediately after the tenants death regardless of the other tenants?

Just curious.

blueythebear

Ashashi wrote: »

Just a query, if there are 3 people who are joint tenants and all have life estates, but one of them has a fee simple remainder, what is the situation if the tenant with the fee simple remainder predeceases the other tenants.

Do they other tenants acquire that fee simple remainder through the right of survivorship or does the fee simple become vested immediately after the tenants death regardless of the other tenants?

Just curious.

The Fee Simple Remainder would form part of the deceased's estate and be distributed according to their will or intestacy. The other two have no right to the fee simple unless they inherit under the will or intestacy.

Ashashi

blueythebear wrote: »

The Fee Simple Remainder would form part of the deceased's estate and be distributed according to their will or intestacy. The other two have no right to the fee simple unless they inherit under the will or intestacy.

Ah ok. But what is the procedure regarding the fee simple? Say the fee simple is a part of the legal right share of the deceased spouse and they wish to sell it, what happens then? Do the remaining joint tenants interests have to be bought or does it have to wait till the life estates have run their time.

ldxo15wus6fpgm

Ashashi wrote: »

Just a query, if there are 3 people who are joint tenants and all have life estates, but one of them has a fee simple remainder, what is the situation if the tenant with the fee simple remainder predeceases the other tenants.

Do they other tenants acquire that fee simple remainder through the right of survivorship or does the fee simple become vested immediately after the tenants death regardless of the other tenants?

Just curious..

Would this not sever the joint tenancy altogether as the unity of interest would not be present?

bath handle

Jesse Wooden Designer wrote: »

Ashashi wrote: »

Just a query, if there are 3 people who are joint tenants and all have life estates, but one of them has a fee simple remainder, what is the situation if the tenant with the fee simple remainder predeceases the other tenants
Do they other tenants acquire that fee simple remainder through the right of survivorship or does the fee simple become veste asd immediately after the tenants death regardless of the other tenants?

Just curious..

Would this not sever the joint tenancy altogether as the un
ity of interest would not be present?

There cannot be a joint tenancy where one of the pares doies not have the same interest as the others. There is no joint tenancy to s ever.Tneo/p is letting his imagination run riot.

blueythebear

Jesse Wooden Designer wrote: »

Would this not sever the joint tenancy altogether as the unity of interest would not be present?

They could be viewed as joint tenants in terms of the life tenancies although this would not be technically correct as has been said above, there is no unity of interest.

Ashashi

But it would be a joint tenancy, because they have the same interest in the land, as according to Wylie. The remainder is not part of the actual joint tenancy. Quoted directly from Wylie "However unity of interest is not affected by the fact that one joint tenant has an additional interest in the property e.g. where all the joint tenants have life estates but one of them has the fee simple remainder."

That is as far as Wylie goes however, he doesn't explain the situation of what happens if the tenant with the fee simple remainder predeceases the other tenants.

Gamrab1974

I don't think the 'joint tenancy' point really matters as they all have life estates. Therefore on a death of any of the 3, their estate dies with them, so there is no question of the others suceeding to that interest. Therefore whether it is a joint tenancy or tenancy in common doesn't arise as the life estate cannot survive the persons death.


If the person with the fee simple remainder dies first the following happens:-

• Their life estate dies with them.
• The remaining tenants life estates are unaffected.
• The fee simple remainder is still subject to the 2 existing life estates.
• The fee simple estate is dealt with as part of the estate of the deceased.

The fee simple is a different estate to the life estates that co-exist in the same property. The fee simple will only fall into possession when the last of the life tenants dies, or surrenders their interest to the fee simple owner.