Continue reading "Notices: When is service by email enough?"
The claim was brought by the executor of the estate of Iris Mary Fantini. Iris and Gloria Fantini were mother and daughter respectively. They jointly owned a property at 7 Merlin Way, Mudeford, Dorset. Gloria predeceased Iris. The application was brought under Part 64 of the CPR to determine whether the joint tenancy was severed by Gloria and whether Iris’s estate’s costs of the claim should be met from the remaining sale proceeds of the property.
On 5 December 2013 Gloria had executed a will and signed a notice purporting to sever the joint tenancy under s36(2) of the Continue reading "Estate planning: When severance goes wrong" The appellant (Mrs Quigley) appealed to Henderson J from an adjudication by HM Land Registry that the joint tenancy of her father (Mr Pilkington) and the respondent (Mrs Masterson) had not been severed prior to Mr Pilkington’s death on 20 March 2009. Mr Pilkington and Mrs Masterson lived together between 1978 and 2001 but never married. They bought 173 North Street, Coventry (North Street) as joint tenants on 24 August 1992. Their relationship ended in 2001 and Mrs Masterson left North Street. In 2002, Mr Pilkington’s solicitor attempted to sever the joint tenancy. Th...
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 …
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Quigley v Masterson [2011] EWHC 2529 (Ch)
Wills & Trusts Law Reports | April 2012 #118