Joint Tenancies: Presumed missing

Kingsley Napley LLP | Trusts and Estates Law & Tax Journal | December 2015 #172
Sarah Playforth discusses Chadda v HMRC, which shed light on the level of evidence needed to show that there has been a severance ‘Mr Chadda’s evidence was that Mr Tobin had signed it first. The court said that this simply did not matter. There is no requirement under s36 for the notice to be signed …

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Cawley & anr v Lillis [2011] IEHC 515

Wills & Trusts Law Reports | May 2013 #129

Celine Cawley, the deceased (D) and the defendant, her husband (H), owned real and personal property as joint tenants. D’s will left all her property to H and if he were to predecease her, to trustees for her children. She had one daughter. H was convicted of D’s manslaughter. Following his conviction, H expressly renounced his right to probate of D’s will. On 24 March 2010 letters of administration were granted to the plaintiffs (P), the personal representatives named in D’s will should H predecease her. By s120 of the Succession Act 1965 (the

Joint Tenancies: Cutting ties

3 Dr Johnson’s Buildings | Family Law Journal | July/August 2011 #108
Luke Barnes cautions against overlooking the significance of joint tenancies and severance ‘A failure to sever a joint tenancy during ancillary relief proceedings can have dramatic and unexpected consequences.’ It is a fair bet that most family and private client practitioners will have advised a client to consider severing the beneficial joint tenancy of co-owned …

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