Fantini v Scrutton & ors [2020] WTLR 1273

Wills & Trusts Law Reports | Winter 2020 #181

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