Shared Inheritance Land

[JoeRoberts]

"I bequeath my land to X and Y to take in equal shares and share alike absolutely"

When x and y inherit will it be as Tenants in Common or Joint Tenants ?

 

[mf1]

"I bequeath my land to X and Y to take in equal shares and share alike absolutely"

When x and y inherit will it be as Tenants in Common or Joint Tenants ?

Tenants in Common.

"to take in equal shares" is key. Those are words of severance.

Mind you, would the testator not put in beyond any doubt by identifying and clarifying?

mf

 

[JoeRoberts]

Thanks mf1 - I don't think testator (now deceased) would have considered it at the time but I would think if asked about it and the difference explained, he would have chosen joint tenancy to ensure land stays in family name if one beneficiary dies. And I think a lot of testators would think this way also.
In will drafting, what would the phrase be if intention was to be joint tenancy ( without using those words ) ?

I picked this definition of the phrase and it seems to have a different focus as to the meaning of share.
http://info.legalzoom.com/meant-share-sharealike-will-26851.html

Is there any legislation or case law in this area ?

 

[mf1]

"In will drafting, what would the phrase be if intention was to be joint tenancy ( without using those words ) ?"

Jointly - or as joint tenants

Your favoured definition is from a US site - the law there is quite different

There is a lot of Irish case law - mostly dating back to the mid - late 1800's

• "in equal shares" - Jury v. Jury 1882 9LR Ir 207
• "share alike"- Clarke v. Bodkin 1851 13 Ir Eq R 492

( with thanks to Professor J.C. W. Wylie)

mf

 

[JoeRoberts]

Thanks MF1, that's clear enough.