The sole survivor (Mrs X) of a joint tenancy of a property dies and the property is being sold by Mrs X’s executors. The property is unregistered land. Would the death certificate of the other joint tenant (Mr X) be required in relation to the sale transaction.

If property is purchased in the joint names of two or more co-owners, a statutory ‘trust of land’ arises. Where property is held on a trust of land, the legal estate and equitable estate are separate. The legal co-owners (as trustees) must hold the legal estate as joint tenants. A legal joint tenancy cannot be severed and when one joint tenant dies their legal interest in the property automatically passes to the remaining joint tenants. However, co-owners can hold the beneficial interest in the legal estate on trust for themselves (and any additional co-owners) as:

1. •

   joint tenants, or

2. •

   tenants in common

Joint tenants are each entitled to the whole of the property. The key feature of a joint tenancy is the right of survivorship. When one joint tenant dies, their interest in