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A husband, wife, and the wife’s mother bought a house together 20 years ago. The transfer deed stated that they held the property as joint tenants in law and equity. The husband and wife separated a month ago, and the husband moved out of the house. Last week, the wife was killed in a car accident. A few days before her death, the wife had made a will leaving all her property to her new boyfriend. How is the title to the house now held?
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As the property was originally held as joint tenants in both law and equity, the right of survivorship applies. This means that when one joint tenant dies, their interest automatically passes to the surviving joint tenants, irrespective of any will. Since the wife has passed away, her interest in the property automatically transfers to the surviving joint tenants, who are her husband and her mother. Therefore, the title to the house is now held by the husband and the wife’s mother as joint tenants in both law and equity, without regard to the wife's will leaving her property to her new boyfriend.
Key Point: In joint tenancy, the right of survivorship takes precedence, meaning the deceased's interest in the property automatically passes to the surviving joint tenants. This rule applies regardless of any provisions in the deceased's will.
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