ABSTRACT
There are two types of co-ownership still in existence in New South Wales. They are a joint tenancy on the one hand and a tenancy in common on the other.
The significance of a joint tenancy is that when one joint tenant dies, that joint tenant’s share reverts to the surviving joint tenant or joint tenants. This is known as the right of survivorship. It follows that if a joint tenant dies, that person’s estate has no interest in the property. Accordingly, it is not governed by any will of the deceased joint tenant, nor is it governed by any rules as to intestacy if the joint tenant died without an operative will.
