New York Law (NYLE) Practice Exam

In order for a joint interest in real property to pass under a testator's will, how must the title be held?

1. As tenants in common

2. As joint tenants with right of survivorship

3. As community property

4. As sole ownership by testator

The correct answer is: As tenants in common

In order for a joint interest in real property to pass under a testator's will, the title must be held as tenants in common. This is because when property is held in a tenancy in common, each co-owner has a distinct share of the property that can be freely transferred by will upon their death. Therefore, if the testator holds an interest as a tenant in common, their share of the property can be specified in their will and passed on to the beneficiaries named therein. In contrast, when property is held as joint tenants with right of survivorship, upon the death of one joint tenant, their interest does not pass through their will but instead automatically transfers to the surviving joint tenants. This means that the deceased's share cannot be willed to anyone else, making passing under a will impossible in this case. Community property and sole ownership also do not allow for joint interests to pass in the same way as tenants in common, since these forms of ownership have their own particular rules regarding transfer upon death. Community property generally applies to married couples and is typically not transferable without the consent of both parties. Sole ownership would imply that only one person owns the property, which means other individuals would not have a joint interest that could be willed