TSEM6306 - Legal Background to Trusts and Estates: Joint tenants

Where joint tenants hold land none own a fractional share. They all own the whole. When a joint tenant dies nothing passes to his personal representatives as part of his estate. The land is owned by the surviving tenant(s).

For CGT purposes, when the property is sold, each tenant is entitled to an equal share of the proceeds (CG70520 – CG70525).

It is possible to sever a joint tenancy and create a tenancy in common.