When a joint tenant owner dies their share of the property passes to the other surviving owners. There is no opportunity to deal with the property via their will. See Legal Tip 245: The Two Ways to Jointly Own Property – Joint Tenancy v Tenants in Common Legal Tip 245: The Two Ways to Jointly Own Property – Joint Tenancy v Tenants in Common This can lead to some asset protection risk if: a) The surviving spouse re-partners b) The surviving spouse later has other children c) The surviving spouse becomes bankrupt Example Homer and Marge are happily married and have 3 kids. Marge dies. Because their property and investment property are both owned as Joint Tenants they pass to Homer on Marge’s death- no matter what Marge’s will says. Homer now as sole owner starts a risky business while seeing his new girlfriend Edna. Homer marries Edna and has a 4th child. Homer is tinkering on bankruptcy as well as suffering medically. If Homer does - His new spouse has a claim on the whole of the 2 properties - His new kid essentially gets a share of Marge’s half of the 2 properties either by Homer’s will or a Family Provision claim. If he were to go bankrupt Homer would potentially lose 100% of the 2 properties. The way to avoid these sorts of situations is by owning properties as tenants in common. That way the share of the deceased can pass via their wills Example Marge’s will stated that all of her assets were to be shared equally by her children. If she had owned the properties as Tenants in Common 50/50 with Homer then on her death a) 50% of both properties would have passed to her kids b) Homer’s new kid would only have a claim on 50% of these properties – Homer’s share c) Same with Edna d) If Homer ended up Bankrupt only 50% of the properties would be lost Marge could have alternatively set up a testamentary discretionary trust to hold her share of the properties with the children as beneficiaries. Seek legal advice (from a lawyer) before trying this at home.