Archive for the ‘commorientes’ Category

Commorientes and survivorship

September 16, 2011

In Ting Kam Yuen v Cheung Wing Kin¬†([2011] HKEC 1151) H and W were joint tenants of two properties. They were both in the same fishing vessel that sank after colliding with a ship. Section 11(1) of the Conveyancing and Property Ordinance ¬†provides that where there is uncertainty as to the order in which joint tenants have died the younger is deemed to survive the elder. W was younger than H. If there were any uncertainty, the property would pass into her estate. In this case, however, the court concluded on the facts that H had, in fact, survived a little while longer than W. As a result, the properties passed to H’s estate under the right of survivorship and so were available to his creditors.