Wills, Estates & Probate

Survivorship

Also known as: joint tenancy, right of survivorship, tenancy in common

In plain English

How jointly owned property passes when one owner dies. With joint tenancy it goes automatically to the other owner; with tenancy in common it passes under the will.

What it means

Survivorship is the rule that applies to property held as joint tenants: when one joint owner dies, their share passes automatically to the surviving owner(s) and does not form part of their estate or pass under their will. This is common for couples who own a home together. By contrast, owners who hold as tenants in common each own a distinct share, which passes under their will or the intestacy rules. The distinction is critical in estate planning across all Australian states.

How it's used

Because the couple owned their home as joint tenants, the right of survivorship meant it passed straight to the surviving spouse.

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