Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2025) Commorientes and joint tenancies. Solicitors Journal, 168 (4). pp. 58-60. ISSN 0038-1047

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Abstract

The article reviews case law illustrating the operation of the survivorship presumption in s.184 of the Law of Property Act 1925 where the precise chronological order in which two or more persons who died simultaneously is not known and notes the exception provided by s.46(3) of the Administration of Estates Act 1925 for intestate spouses and civil partners. It discusses the unfairness that may arise in relation to property held on a joint tenancy and compares the approach taken in other jurisdictions.

Item Type:	Article
Uncontrolled Keywords:	administration of estates, commorientes, simultaneous deaths, joint tenancies, severance, statutory presumption, spouses, survivorship, comparative law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	16 May 2025 09:27
URI:	http://gala.gre.ac.uk/id/eprint/50454

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