Joint Tenants with Right of Survivorship—An Appropriate Strategy?

March 14, 2024    propertysettlementlawyersperthwa
Joint Tenants with Right of Survivorship—An Appropriate Strategy?

The term “joint tenant with the right of survivorship” (JTWROS) is a legal ownership structure between two or more two parties for any financial account or asset. When one of the co-owners dies in a joint tenancy with a right of survivorship deed, the surviving co-owner automatically inherits the asset.

Each tenant has an equal claim to the account’s assets and inherits survivorship rights if one of the account holders dies. When another member dies, the surviving member inherits the complete value of that member’s share of property.

Understanding Joint Tenants With Right of Survivorship (JTWROS)

Contrary to popular belief, the term joint tenant with the right of survivorship has nothing to do with renting an apartment. JTWROS is a legal term for individuals who own assets, accounts, or other property. It is a type of co-tenancy, which is why this arrangement is sometimes known as a joint tenancy.

Co-tenancy, also known as joint tenancy, is a concept in joint ownership property law that refers to the different ways two or more individuals might simultaneously own a piece of property. A JTWROS is one type of co-tenancy in which co-owners have equal rights to the asset and the right of survivorship. This means that both parties can use the asset as they like. However, if a renter dies, their ownership is passed on to the surviving owner(s).

Requirements for Joint Tenants with Right to Survivorship

To create a JTWROS, the owners must share what are known as four unities:

  • The potential partners must buy the assets in question at the same time.
  • The proposed joint owners must have the same title to the assets.
  • Regardless of the individual amounts given or paid for the assets, each owner is entitled to an equal part of the total assets, denoted by 1/n, where n is the total number of owners.
  • Co-owners must have equal ownership of all assets.

Advantages of JTWROS

Entering into a JTWROS eliminates probate, the legal process of proving a person’s will in court and accepting it as a legitimate legal instrument. Once a JTWROS is established, the dead owner’s heirs are no longer entitled to inherit their property. This indicates that the property’s assets are owned entirely by its last living owner. They subsequently become part of the individual’s estate.

In addition to avoiding probate, survivorship provides other benefits to the remaining party(s). Surviving parties may continue to use the asset without interference from third parties, including a deceased party’s heirs.

Each partner in a JTWROS must contribute equally to the property, own an equal amount, and have equal access to it. This implies they must pay an equal part of all bills, such as property taxes, maintenance, and repairs. This shifts the burden from one individual to everyone in the connection.

Role of Survivorship Application Lawyers

The various roles of these lawyers are as follows:

  • Compassionate Support and Guidance

Survivorship application lawyers Perth, WA offer compassionate support and guidance, recognizing the emotional impact of losing a loved one. They offer empathetic assistance and guidance to mourning family members, providing strength and reassurance during a difficult time. Lawyers assist clients in navigating the legal procedure while grieving the loss of a loved one by listening to their worries, answering their questions, and providing compassionate assistance.

  • Legal Expertise and Advocacy

The survivorship application lawyers Perth WA specialize in wrongful death and survivorship laws. They comprehend the legal difficulties involved in these matters, such as the requirements for filing a survivorship application, evaluating liability, and seeking reimbursement on behalf of the deceased’s estate. Lawyers use their knowledge to advocate for the rights of surviving family members, seeking accountability and compensation for their loss.

  • Investigation and Evidence Gathering

In wrongful death cases, acquiring evidence is crucial for establishing guilt and determining the cause of death. Survivorship application lawyers perform in-depth investigations into the circumstances surrounding the fatal incident, gathering evidence, interviewing witnesses, and consulting with experts as necessary. Lawyers make a persuasive case for their clients’ compensation and justice claims by painstakingly gathering evidence.

  • Representation in Legal Proceedings

The lawyers represent surviving family members in court proceedings for wrongful death claims. Whether negotiating with insurance companies or litigating in court, lawyers represent their client’s interests and seek fair and just reimbursement for their losses. Lawyers aim to hold guilty parties accountable for their conduct while providing closure to mourning families.


Owning property on your own can be costly. However, you can reduce the load by getting into a unique agreement with someone else. This agreement is referred to as a joint tenancy with survivorship. It not only gives you and your partner an equal portion of the asset but also assigns you equal duty.

Remember, however, that if you die, your part will go to the surviving renter, so you cannot leave it to any of your heirs. If you want to pass on your stake to someone else, consider becoming a tenant in common. Consult survivorship application lawyers Perth, WA, for guidance regardless of your path.

REQUEST A QUOTE NOW! Complete the form below for a fast response

Copyright © Property Settlement Lawyers Perth. All Rights Reserved
Enquire Now
Call Us Now