Currently revising for finals and I was wondering if anyone would be able to help me out with Co-Ownership (severance) in Land Law.
I was curious as to If a joint tenant in law and a joint tenant in equity dies, does this sever the individual from the legal title and the equitable title if they have no express deceleration in their will as to who their title should go to.
If they are in law and equity a joint tenant and this occurs (taken from a question)
"InJanuary 2015 Beatrix is killed in a road traffic accident. In her Will she leavesall her property to her sister, Georgina."
Does that mean that her name will be stuck out of the legal title and replaced by Georgina or can you not sever via a will?
Any advice would be greatly appreciated!
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Land Law (Undergraduate) Co-Ownership (severance by death) watch
- Thread Starter
- 11-05-2016 12:24
- 11-05-2016 17:13
No you cannot sever via a will if you're a joint tenant.
The severance methods come from Williams v Hensman- Mutual conduct, mutual agreement and an act operating on one's own share (e.g. a valid legal transfer of property rights).
Thus if one JT dies their share goes to the other JTs by means of survivorship.