type of joint ownership of property, where each owner
is called a “joint tenant” and each owns the whole of
the asset, rather than a distinct fractional share. When a joint tenant dies, the asset in question does not pass to his personal representatives as part of his estate. Instead, the asset (usually land, but can be a joint bank account or shares, for example) automatically passes to the surviving joint tenant(s).
It is one of two main types of joint ownership of
property. The other is called a tenancy in common. It is possible to sever a joint tenancy and create a tenancy in common.
For these purposes, the word “tenancy” simply means
ownership.
An immovable property held in joint tenancy has
certain advantages. Where a joint owner dies, no further vesting of title in the other co-owner is required.
However, a joint tenancy, by its very nature, also has
some serious disadvantages. For example, where one co-owner for good reasons, does not wish the survivor to take the whole of the property. To achieve that, he has to sever the right of survivorship by severing the joint tenancy. The effect of the severance is to create a tenancy in common under which each co-owner holds a distinct share in the property. Tenants-in-common
Proportion of shares  – The shareholdings between tenants-
in-common need not be equal and can be, for instance, 1/3 : 2/3 or 1/4 : 3/4. Co-owners may decide to have unequal shareholdings for example where the owners wish to divide their shareholdings based on the amount that each had contributed to the purchase price of the property.
Death of a co-owner – If A and B hold the property as
tenants-in-common, then upon A’s death, A’s share in the property will form part of his estate and will be distributed in accordance with A’s Will, or if A has died without leaving a Will, his interest will be distributed in accordance with the Intestate Succession Act (Cap. 146). This Act provides for the mode of distribution of the estates of persons dying without a Will. Please note that the mode of distribution discussed does not apply to Muslims.
Any property forming part of a deceased person’s estate
cannot be dealt with until the personal representative of the deceased person’s estate has been appointed. The deceased’s executor/next-of-kin will have to apply to the courts for the Grant of Probate (where there is a Will) or the Letter of Administration (where there is no Will) to appoint the personal representative and to vest the property, along with the rest of the deceased’s estate, in that personal representative. Hence, where the property is held under a tenancy-in-common, upon the death of one owner, the other owner will have to wait till the personal representative is appointed before the whole property can be sold or otherwise dealt with.
Joint Tenants
Proportion of shares  – In a joint tenancy, each owner will
hold the whole property jointly with the other. However, for purposes of estate duty, conversion to tenancy-in-common etc., each owner will be presumed to have an equal share in the property, unless proven otherwise. Death of a co-owner  – If A and B are joint tenants of the property, then upon the death of A, A’s interest in the property will automatically pass to B. Even if A had left a Will, A’s interest in the property will not be distributed in accordance with A’s Will. In other words, the survivor of the two will be entitled to the entire property. This is the right of survivorship.
Sometimes it is unclear which of the owners die first. For
example, A and B may have been killed together in a plane crash. In such a situation, there is a presumption in law that the younger dies later.
As A’s share in the property has automatically passed to B, B
can deal with the whole of the property. However, if B intends to sell or otherwise deal with the property within 12 years of A’s death, B will have to produce evidence that there is no estate duty payable on A’s estate, or if there is any, the estate duty has been paid.
Conversion of manner of holding
With effect from 1 March 1994, tenants-in-common who have
equal shares and joint tenants may convert their manner of holding to a joint tenancy or a tenancy-in-common in equal shares respectively, by making a declaration in the form prescribed under the Land Titles Act (Cap. 157) and registering the declaration at the Singapore Land Registry.
If the owners had granted a mortgage of the property to a
financial institution or a charge to CPF Board, the mortgagee’s/CPF Board’s consent will have to be obtained before the declaration can be registered at the Singapore Land Registry.