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10 marksEstates, Co-ownership, Leases and Licences

CAPE Law Unit 2 · 2014 · Paper 2 · Question 6(b)(i)

A married couple purchases a home as joint tenants and has two children. Unknown to his spouse, the husband executes a will purporting to leave his half share to his sister. The husband dies suddenly in an accident, and upon hearing the news, the wife suffers a fatal heart attack. The sister claims the half share, while the wife's daughter from a previous relationship claims entitlement to her mother's share.

Advise Patricia and Leslie on whether they could succeed in an action against Sean and Tiana.

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Other parts of this question

  1. 6(a)Distinguish between 'joint tenancy' and 'tenancy-in-common'.[10 marks]
  2. 6(b)(ii)Explain how different your answer would be if Darius had severed the joint tenancy before he died.[5 marks]

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