In which type of estate do tenants have the ability to transfer their interest through a will?

Tenancy in Common is the appropriate type of estate where tenants have the ability to transfer their interest through a will. In a Tenancy in Common, each co-tenant owns a distinct share of the property and has the right to transfer their interest independently. This means that when a tenant in common passes away, their share of the property can be passed on to their heirs or beneficiaries according to their will.

In contrast, Joint Tenancy and Tenancy by the Entirety involve rights of survivorship, meaning that upon the death of one tenant, their interest automatically passes to the surviving tenant(s) rather than being transferable through a will. Estate for Years is a lease agreement and does not pertain to ownership interests in the property itself, thus it does not allow for transfer through a will in the same manner. The ability to devise one’s property interest through a will is a defining characteristic of Tenancy in Common.