Right Of Survivorship Explained

Summary

The right of survivorship in UK joint tenancy is confirmed by Goodman v Gallant [1986] 1 FLR 513, where a deceased tenants interest passes to surviving tenants. Stack v Dowden [2007] UKHL 17 distinguishes between joint tenancy and tenancy in common for equitable title. Equitable title involves property benefits and rights, even if legal title is elsewhere. For joint property ownership, refer to UK Governments guide.

Full Conversation

UK
In the UK, the right of survivorship in joint tenancy is well established. A key legal authority on this matter is the case of Goodman v Gallant [*] * FLR *. This case confirms that upon the death of a joint tenant, their interest automatically passes to the surviving joint tenants.
Is there anything else you would like to know about joint tenancy or any related issues?
can you oscola reference that case
Certainly! Here is the OSCOLA reference for the case:
*Goodman v Gallant* [*] * FLR *
Is there anything else you need help with?
Co-ownership of equitable title can be held under either a joint tenancy OR a tenancy in common. - what is the case law
Case Rating: *
For the UK, an important case regarding the distinction between joint tenancy and tenancy in common for equitable title is Stack v Dowden [*] UKHL *. This case discusses the principles determining how co-ownership can be classified and provides guidance on the factors courts consider in distinguishing between joint tenancy and tenancy in common.
Is there anything else you need help with?
Co-ownership of equitable title can be held under a joint tenancy - what is the case law
Case Rating: *
The case law regarding co-ownership of equitable title under a joint tenancy in the UK is *Goodman v Gallant* [*] * FLR *. This case confirms that upon the death of a joint tenant, their interest automatically passes to the surviving joint tenants.
Would you like more information on this topic?
what is equitable title
Case Rating: *
Equitable title refers to the benefits and rights that arise from the ownership of property, even if the legal title is held by another party. It primarily deals with the right to use and enjoy the property.
Is there a specific context or situation regarding equitable title that you need information on?
https://www.gov.uk/joint-property-ownership#:~:text=As%20joint%20tenants%*(sometimes%20called,the%20property%20in%20your%20will - oscola refrence
Case Rating: *
Sure, here is the OSCOLA reference for the source you provided:
UK Government, 'Joint Property Ownership' (GOV.UK) accessed [date of access].
Is there anything else you need help with?
reference it as an article
Case Rating: *
Sure, here's how you can reference it as an article in OSCOLA style:
UK Government, 'Joint Property Ownership' (GOV.UK) accessed [date of access].
Is there anything else you need help with?
refrence it as an articel
Case Rating: *
Sure, here is the conversation referenced as an article:
---
Title: Understanding the Right of Survivorship and Co-ownership in the UK
Introduction:
This article provides a detailed understanding of the right of survivorship in joint tenancy and the distinction between joint tenancy and tenancy in common in the UK. It also touches upon the concept of equitable title and offers OSCOLA references for relevant legal cases and resources.
Questions and Answers:
Q1: I am FreeLawChat and I provide legal assistance to help you with your legal issue. What is your name?
A1: The right of survivorship applies to joint tenancy co-ownership (whether legal or equitable). If the interest is co-owned under a joint tenancy, the other co-owner(s) will absorb the deceased person’s interest. Tell me the case law/ legal authority for this.
Q2: To provide specific case law or legal authority regarding the right of survivorship in joint tenancy, could you please let me know your location (city or state)? This will help me provide the most relevant information.
A2: UK
Q3: In the UK, the right of survivorship in joint tenancy is well established. A key legal authority on this matter is the case of *Goodman v Gallant [*] * FLR **. This case confirms that upon the death of a joint tenant, their interest automatically passes to the surviving joint tenants.
Is there anything else you would like to know about joint tenancy or any related issues?
A3: Can you OSCOLA reference that case?
Q4: Certainly! Here is the OSCOLA reference for the case:
*Goodman v Gallant* [*] * FLR *
Is there anything else you need help with?
A4: Co-ownership of equitable title can be held under either a joint tenancy OR a tenancy in common. What is the case law?
Q5: For the UK, an important case regarding the distinction between joint tenancy and tenancy in common for equitable title is *Stack v Dowden* [*] UKHL *. This case discusses the principles determining how co-ownership can be classified and provides guidance on the factors courts consider in distinguishing between joint tenancy and tenancy in common.
Is there anything else you need help with?
A5: Co-ownership of equitable title can be held under a joint tenancy. What is the case law?
Q6: The case law regarding co-ownership of equitable title under a joint tenancy in the UK is *Goodman v Gallant* [*] * FLR *. This case confirms that upon the death of a joint tenant, their interest automatically passes to the surviving joint tenants.
Would you like more information on this topic?
A6: What is equitable title?
Q7: Equitable title refers to the benefits and rights that arise from the ownership of property, even if the legal title is held by another party. It primarily deals with the right to use and enjoy the property.
Is there a specific context or situation regarding equitable title that you need information on?
A7: https://www.gov.uk/joint-property-ownership#:~:text=As%20joint%20tenants%*(sometimes%20called,the%20property%20in%20your%20will - OSCOLA reference
Q8: Sure, here is the OSCOLA reference for the source you provided:
UK Government, 'Joint Property Ownership' (GOV.UK) accessed [date of access].
Is there anything else you need help with?
A8: Reference it as an article
---
This article provides an overview of key legal concepts and case laws related to co-ownership and equitable title in the UK, along with proper OSCOLA references for further reading.
Reference with oscola
Case Rating: *
Here is the OSCOLA reference for the conversation you provided as an article:
---
Title: Understanding the Right of Survivorship and Co-ownership in the UK
Introduction:
This article provides a detailed understanding of the right of survivorship in joint tenancy and the distinction between joint tenancy and tenancy in common in the UK. It also touches upon the concept of equitable title and offers OSCOLA references for relevant legal cases and resources.
Questions and Answers:
Q1: I am FreeLawChat and I provide legal assistance to help you with your legal issue. What is your name?
A1: The right of survivorship applies to joint tenancy co-ownership (whether legal or equitable). If the interest is co-owned under a joint tenancy, the other co-owner(s) will absorb the deceased person’s interest. Tell me the case law/ legal authority for this.
Q2: To provide specific case law or legal authority regarding the right of survivorship in joint tenancy, could you please let me know your location (city or state)? This will help me provide the most relevant information.
A2: UK
Q3: In the UK, the right of survivorship in joint tenancy is well established. A key legal authority on this matter is the case of *Goodman v Gallant [*] * FLR **. This case confirms that upon the death of a joint tenant, their interest automatically passes to the surviving joint tenants.
Is there anything else you would like to know about joint tenancy or any related issues?
A3: Can you OSCOLA reference that case?
Q4: Certainly! Here is the OSCOLA reference for the case:
*Goodman v Gallant* [*] * FLR *
Is there anything else you need help with?
A4: Co-ownership of equitable title can be held under either a joint tenancy OR a tenancy in common. What is the case law?
Q5: For the UK, an important case regarding the distinction between joint tenancy and tenancy in common for equitable title is *Stack v Dowden* [*] UKHL *. This case discusses the principles determining how co-ownership can be classified and provides guidance on the factors courts consider in distinguishing between joint tenancy and tenancy in common.
Is there anything else you need help with?
A5: Co-ownership of equitable title can be held under a joint tenancy. What is the case law?
Q6: The case law regarding co-ownership of equitable title under a joint tenancy in the UK is *Goodman v Gallant* [*] * FLR *. This case confirms that upon the death of a joint tenant, their interest automatically passes to the surviving joint tenants.
Would you like more information on this topic?
A6: What is equitable title?
Q7: Equitable title refers to the benefits and rights that arise from the ownership of property, even if the legal title is held by another party. It primarily deals with the right to use and enjoy the property.
Is there a specific context or situation regarding equitable title that you need information on?
A7: https://www.gov.uk/joint-property-ownership#:~:text=As%20joint%20tenants%*(sometimes%20called,the%20property%20in%20your%20will - OSCOLA reference
Q8: Sure, here is the OSCOLA reference for the source you provided:
UK Government, 'Joint Property Ownership' (GOV.UK) accessed [date of access].
Is there anything else you need help with?
A8: Reference it as an article
---
This article provides an overview of key legal concepts and case laws related to co-ownership and equitable title in the UK, along with proper OSCOLA references for further reading.