Continue reading "Estate planning: When severance goes wrong"
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Estate planning: When severance goes wrong
It is worth paying attention to the formalities. James Poole reports on a case where failure to properly sever a joint tenancy had a profound effect on estate planning and distribution The main question was whether the joint tenancy had indeed been severed, by either the notice, the application or the letter. If so, then …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Burgess v Rawnsley [1975] 1 Ch 429 (CA)
- Davis v Smith [2011] EWCA Civ 1603
- Fantini v Scrutton [2020] WTLR 1273
- Holwell Securities Ltd v Hughes [1973] 1 WLR 757; [1974] 1 WLR 155 (CA)
- Quigley v Masterson [2012] WTLR 521
- Re Buckton [1907] 2 Ch 406
- Re Draper’s Conveyance [1969] 1 Ch 486
- Williams v Hensman (1861) 1 John & H 546
- WX Investments v Begg [2002] EWHC 925 (Ch)