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Official guidance
Trusts, Settlements and Estates Manual

TSEM6300 · Legal Background to Trusts and Estates: Trust Holds Real Property - Table of Contents

  • TSEM6301 · Legal Background to Trusts and Estates: Trusts of Land and Appointment of Trustees Act 1996
  • TSEM6302 · Legal Background to Trusts and Estates: Putting real property into trust
  • TSEM6304 · Legal background to trusts and estates: tenant for life
  • TSEM6305 · Legal Background to Trusts and Estates: Tenants in common
  • TSEM6306 · Legal Background to Trusts and Estates: Joint tenants
  1. Legal Background to Trusts and Estates: Trust Holds Real Property - Table of Contents
  2. Legal Background to Trusts and Estates: Joint tenants

TSEM6306 | Legal Background to Trusts and Estates: Joint tenants

From HM Revenue & Customs · Trusts, Settlements and Estates Manual

Where joint tenants hold land none own a fractional share. They all own the whole. When a joint tenant dies nothing passes to his personal representatives as part of his estate. The land is owned by the surviving tenant(s).

For CGT purposes, when the property is sold, each tenant is entitled to an equal share of the proceeds (CG70520 – CG70525).

It is possible to sever a joint tenancy and create a tenancy in common.

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