Q&As

Can a joint tenancy be severed after the death of one of the joint owners if it was intended to be severed in lifetime but the severance was not completed?

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Published on: 10 February 2025
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For general information on how an equitable joint tenancy may be severed, see Practice Note: Severance of a joint tenancy.

The following Q&As may be helpful in explaining the difference between the legal and tax position where an equitable joint tenancy is purportedly severed after the death of one of the joint owners:

  1. The Land Registry has stated that a deed of variation severing a joint tenancy completed after the death of one of the joint owners is defective under rule 16(3) of the Land Registration Rules 2003, SI 2003/1417.

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Jurisdiction(s):
United Kingdom

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