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CELE SQE1 模拟练习

Examination Timing: 00H01M13S

Alice, Ben, and Charlie are the legal owners of commercial land, which they hold on trust for themselves as joint tenants. Alice is adjudged bankrupt. Following Alice's bankruptcy, Ben dies. The property is sold and the question of how to distribute the sale proceeds arises. 


Which of the following statements best describes the legal position?

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Alice's Trustee in Bankruptcy is entitled to a one-third share of the sale proceeds, Ben's estate is entitled to nothing, and Charlie is entitled to a two-thirds share of the sale proceeds. When Alice was adjudged bankrupt, her share in the property became a distinct one-third share held as a tenant in common. Ben and Charlie continued to hold their respective shares as joint tenants. Upon Ben's death, his share automatically devolved to Charlie by the Doctrine of Survivorship, as joint tenancy includes the right of survivorship. This principle was upheld in Re Dennis (A Bankrupt) [1996] Ch 80.

Key Point: Bankruptcy severs a joint tenancy, converting the bankrupt's share into a tenancy in common, while the remaining joint tenants continue to hold their shares as joint tenants. Upon death, the doctrine of survivorship applies to the shares held in joint tenancy.

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