1988 Ed.]
Conveyancing and Property
[CAP. 219
7
Savings in regard to sections 5 and 6
7.
Nothing in section 5 or 6 shall—
(a) invalidate dispositions by will;
(b) affect any interest validly created before the commencement of this section;
(c) affect the right to acquire an interest in land by virtue of taking possession; or
(d) affect the operation of the law relating to part performance.
[cf. U.K. 1925 c. 20, s. 55]
Severance of joint tenancy
8. (1) A joint tenancy of an estate or interest in land may be severed at law only by-
(a) a notice served by a joint tenant on the other joint tenants; or
(b) an instrument.
(2) A joint tenancy of an estate or interest in land may be severed in equity by a notice served by a joint tenant on the other joint tenants or by any other method that is effective in equity or that would, but for subsection (1), be effective at law.
(Replaced, 31 of 1988, s. 4)
Presumption in favour of tenancy in common
9. (1) Where a tenancy in the same estate or interest in land vests in 2 or more persons under an instrument or a will, it shall be presumed, unless the contrary intention is expressed in that instrument or will, that the tenancy vests in those persons as tenants in common rather than as joint tenants.
(2) This section shall not apply to any instrument or will made before the commencement of this section.
(3) This section shall not apply to a tenancy vesting in trustees or personal representatives.
(Added, 31 of 1988, s. 5)
Corporation may hold as joint tenant
10. (1) A corporation shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual.
(2) Where a corporation is a joint tenant of any property, on its dissolution, that property shall devolve on the other joint tenant.
[cf. U.K. 1899 c. 20, s. 1]
Presumption of survivorship
11. (1) Except for the purposes of section 4(11) of the Intestates' Estates Ordinance (Cap. 73), where, after the commencement of this section, 2 or more persons die in circumstances rendering it uncertain that any one of them,
1988 Ed.]
Conveyancing and Property
[CAP. 219
7
Savings in regard to sections 5 and 6
7.
Nothing in section 5 or 6 shall—-
(a) invalidate dispositions by will;
(b) affect any interest validly created before the commencement of this
section;
(c) affect the right to acquire an interest in land by virtue of taking
possession; or
(d) affect the operation of the law relating to part performance.
[cf. U.K. 1925 c. 20, s. 55]
Severance of joint tenancy
8. (1) A joint tenancy of an estate or interest in land may be severed at law only by-
(a) a notice served by a joint tenant on the other joint tenants; or
(b) an instrument.
(2) A joint tenancy of an estate or interest in land may be severed in equity by a notice served by a joint tenant on the other joint tenants or by any other method that is effective in equity or that would, but for subsection (1), be effective at law.
(Replaced, 31 of 1988, s. 4)
Presumption in favour of tenancy in common
9. (1) Where a tenancy in the same estate or interest in land vests in 2 or more persons under an instrument or a will, it shall be presumed, unless the contrary intention is expressed in that instrument or will, that the tenancy vests in those persons as tenants in common rather than as joint tenants.
(2) This section shall not apply to any instrument or will made before the commencement of this section.
(3) This section shall not apply to a tenancy vesting in trustees or personal representatives. (Added, 31 of 1988, s. 5)
Corporation may hold as joint tenant
10. (1) A corporation shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were an individual.
(2) Where a corporation is a joint tenant of any property, on its dissolu- tion, that property shall devolve on the other joint tenant.
[cf. U.K. 1899 c. 20, s. 1]
Presumption of survivorship
11. (1) Except for the purposes of section 4(11) of the Intestates' Estates Ordinance (Cap. 73), where, after the commencement of this section, 2 or more persons die in circumstances rendering it uncertain that any one of them, or
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