In what circumstances will Equity construe a transaction which creates a joint tenancy to be a tenancy in common
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Get it written →Answer both (a) and (b)
a) In what circumstances will Equity construe a transaction which creates a joint tenancy to be a tenancy in common?
b) In 2000, Alex and Betty each contributed equally towards the purchase of 20 Heaven Avenue, a large detached house, which was duly conveyed to them. In 2012, Betty instituted legal proceedingsfor a declaration as to whether their title to 20 Heaven Avenue was held under tenancy in common or joint tenancy.
In January 2013, Alex offered by telephone to sell his interest in 20 Heaven Avenue to their friend Charles, who jumped at the offer, and sent a cheque for the purchase price to Alex the next day. Alex died a day after receiving Charles’ cheque for the purchase price, leaving all his real property to Dora.
Advise Betty, Dora and the personal representative of Alex
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