Joint tenancies and English commorientes: a question of survivorship or severance?

Mark Pawlowski, James Brown

Research output: Contribution to journalArticlepeer-review

Abstract

The aim of this article is to provide a critical appraisal of the English law in relation to the doctrine of commorientes with particular reference to its implications in respect of property held on a joint tenancy. The article suggests a measure of reform which would produce a fairer dsitribution of joint property in circusmtances where all joint tenants have died in a common disaster and it cannot be ascertained which joint tenant died first.
Original languageEnglish
Pages (from-to)122-134
Number of pages3
JournalProperty Law Review
Volume1
Issue number2
Publication statusPublished - 2011

Keywords

  • joint tenancies
  • commorientes
  • survivorship
  • severance of joint tenancy
  • common disaster
  • simultaneous deaths

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