What is the test for a right of survivorship in a joint tenancy?
Alberta, Canada
The following excerpt is from Felske (Estate of) v. Donszelmann, 2007 ABQB 682 (CanLII):
In Sorensen’s Estate v. Sorensen, supra our Court of Appeal (at para.10) describes the right of survivorship essential to joint tenancy as: ..the right of survivorship or jus accrescendi, by which, if one joint tenant dies without having obtained a separate share in his lifetime, his interest is extinguished and accrues to the surviving joint tenants whose interests are correspondingly enlarged. For example: A and B may be joint tenants in fee simple, but the result of the death of B is that his interest totally disappears and A becomes owner in severalty of the land.
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