(d) cannot leave the interest by Will. On death, the interest of a Joint Tenant vests in the surviving Joint Tenant(s). (This aspect needs to be borne in mind when Joint Tenants are drawing up their Wills to ensure that the Will of the last surviving Joint Tenant reflects the wishes of all of the initial Joint Tenants.)
It is usual but not essential that a husband and wife acquire land as Joint Tenants.
In contrast, TENANTS IN COMMON own individual shares in an interest in the land. A Tenant in Common:-
(a) may be entitled to occupy only part of the land;
(b) may have a greater or lesser interest in the land than the other Tenant(s) in Common;
(c) can freely transfer his or her interest to anyone;
(d) can leave the interest by Will. The interest of a Tenant in Common does not automatically vest in the surviving Tenant(s) in Common. The Will of a Tenant in Common should specify who is to receive this interest in the land. Existing Wills should be reviewed with this in mind.
Ownership as Tenants in Common is usually selected by the following persons:-
1) unrelated purchasers - where they want to retain the ability to transfer their interest independently of the other(s) or leave it under their Wills;
2) husbands and wives - where they wish to retain the ability to dispose of their estates separately or where they have contributed unequally to the purchase and/or wish to preserve or create ownership in unequal proportions.
If you have further questions concerning ownership as Joint Tenants and Tenants in Common, please contact us.
7. The Conveyancer will supply you with a statement prior to settlement, setting out costs, Government fees and adjustments of Rates and Taxes (Council Rates, Water and Sewer Rates, Emergency Services Levy, Land Tax and Strata Maintenance Fees, if applicable).
8. Your contribution of purchase moneys (the amount above any Bank loan) will need to be provided to the Conveyancer's Trust Account by way of Bank cheque or electronic Transfer on the day prior to the Settlement day.
9. Approximately one week before settlement, you should contact the electricity, telephone, gas and pay television suppliers to advise that you are moving into the property and arrange an account.
10. We will liaise with your Bank to complete settlement, which will take place at the Lands Titles Office, Adelaide between the hours of 11.30 a.m. and 12.30 p.m. on the date of settlement. You will not be required to attend.
11. We will contact you immediately following settlement to confirm completion, following which you may collect the keys to the property from the Agent.
12. If your Bank are taking a Mortgage over the property, they will retain the Certificate of Title as security for their loan following settlement. Otherwise, the Certificate of Title will be returned to us by the Lands Titles Office approximately four to five weeks after settlement, at which time we will contact you to arrange for its collection or mailing. |