evidence law

Question 1

What are the forms of ownership for real and personal property under English law?

Answer 1

There are forms of conservations real and personal property under English law.

Question 2

What is tenancy in common?

Answer 2

In tenancy in common, each owner has a separate tenancy, and shares pass under their will or as per the rulings of intestacy.

Question 3

What is beneficial joint tenancy?

Answer 3

In a beneficial joint tenancy, there is a single interest passed by right of survivorship (jus accresendi).

In the case of Tantoh Agnes vs Tantoh nee Achu Vivian, the court held that only property capable of being left by a will can be subject to rules of intestacy.

Question 4

Can a beneficial joint tenancy be severed?

Answer 4

Yes, a beneficial joint tenancy can be severed, converting it to tenancy in common.

Question 5

What liability does a will draftsman have regarding joint tenancy?

Answer 5

A will draftsman who fails to properly advise the testator on the severance of the joint tenancy may be held liable in negligence.

Question 6

What happens to property held in trust after an individual’s death?

Answer 6

If an individual holds the legal but not the beneficiary title of a property, the beneficiary title remains vested in the person who has it, even after death.

Question 7

Is the principle of beneficiary title applicable in different types of trusts?

Answer 7

Yes, this is true in the case of express trust, resulting trust, or constructive trust.