Five partners in a dental practice acquire the freehold of their practice premises. It is registered in the names of Andrew, Bernardette, Colin and Deepak. The transfer form states that the property is held upon trust for Andrew, Bernadette, Colin, Deepak and Edwina as tenants in common in equal shares.
Unfortunately, Andrew was killed in a motor accident two months ago. The partners have decided that they will not appoint a new partner.
Which of the following statements is true?
A) Andrew ceases to be a trustee because he is dead, but nothing else changes.
B) Andrew' death creates a vacancy for a trustee which is automatically filled by Edwina.
C) Because the partners are tenants in common, Edwina does not automatically replace Andrew as a trustee, but she would have done if the partners had been joint tenants.
D) Andrew's place as a trustee is taken by his personal representatives.
Correct Answer:
Verified
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