A Severance of Tenancy is the alteration of ownership between joint owners of a property. If you own your property jointly, either as a married couple, partners or friends, you will have chosen one of two kinds of ownership. You will own your property either as:
As joint tenants, each person owns 100% of the property at the same time as the other. So when one owner dies, the survivors own the property automatically whatever one persons' Will might state. If the property is owned as tenants in common, each person owns a share, so if one dies, their share of the property passes to a beneficiary named in their Will or according to the rules of intestacy.
Severance of Tenancy is very popular with couples (married or otherwise) seeking to protect the house and other assets from third party threats and/or the remarriage of the survivor. In these cases, clients often do not want the surviving owner to own more than their ‘share’. To prevent this from happening the client first of all needs to own an individual share. A Severance of Tenancy achieves this by changing the ownership from Joint Tenants to Tenants in Common.
At the same time as changing ownership, Trusts would normally be written into the Will documents to support this arrangement.
By making a Will you decide exactly how your estate is distributed and plan for the needs of your individual circumstances. No matter how complicated or simple your Will may be, we will work closely with you, listening carefully to your needs and wishes, providing clear advice based on all of the information you give.
Planning your estate can involve many different aspects from basic Wills to Will Trusts and Lifetime Trusts. Modern families can have complicated dynamics and there is often a potential for conflict in the future if relationships break down or after the death of a client. Estate planning can also help to minimise tax liabilities or other expenses after your death.
We can also assist you with the following; setting up a lasting power of attorney, severing a joint tenancy on property, Will storage and related document storage, pre-paid funeral planning and probate. If you have any questions about our services or if you would like arrange a free consultation then please do not hesitate to contact us.