CAPE Law Unit 2 · 2009 · Paper 2 · Question 8(b)

In 1975, Alvin and his wife Albertha (ages 26 and 25) bought 5 acres of land as joint tenants. They had two children, Mary and Peter. Both died simultaneously in a plane crash. Alvin's will purported to leave the land to his sister Martha. Alvin's other daughter, Evelyn (aged 20), claims an entitlement to a share in the property against Mary and Peter.

Using case law to support your answer, explain to Martha and Evelyn whether they are entitled to a share in the property.