In a joint tenancy, can a co-owner's interest be disposed of by will?

• A. Yes, by will
• B. No, never
• C. Yes, but only by assignment
• D. No, it cannot be put in a will

Answer: (D)

In a joint tenancy, the key idea is the right of survivorship. This means the four unities — possession, interest, title, and time — create a scenario where, when one co-owner dies, their share automatically passes to the surviving co-owners, not through a will. Because the deceased owner’s interest is absorbed by the others at death, a will cannot transfer that joint tenant’s share. The only time a co-owner could dispose of their interest by will is if the joint tenancy is severed during life (for example, by selling or mortgaging their share), turning the arrangement into a tenancy in common. In that situation, the deceased’s portion can be bequeathed like any other property. So for a true joint tenancy, a co-owner’s interest cannot be disposed of by will.