Right of survivorship

The automatic entitlement of surviving joint tenants in property to the interest of any joint tenant predeceasing them. In NSW, a right of survivorship is often present in joint tenancy arrangements, but not tenancy in common.

Where jointly owned property is subject to a right of survivorship, if one tenant dies, the remaining tenant/s will absorb the deceased’s share of the property, despite any contrary intention in their will or estate.