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Serving Joint Tenancies of Property

Summary: Where two or more persons own a property together, they may be joint tenants or tenants in common. When a co-owner of property dies, the nature of their ownership determines how the deceased’s ‘share’ is treated after death. In the case of a joint tenancy, the surviving co-owner will own the entire property. Under a tenancy in common, the deceased’s ‘share’ in the property will pass to the beneficiaries of his or her estate. The case of Quigley v Masterson [2011] serves as a useful reminder of the importance of severing a joint tenancy effectively where it is intended that the deceased’s ‘share’ in the property is to pass to the beneficiaries of his or her estate. Richard Monkcom, Head of Druces’ Private Client team, examines the Court’s decision

Relevant to: Individuals who wish their property to pass under their Will