Severance of Joint Tenancy After Death: What You Need to Know
What Is a Joint Tenancy?
A joint tenancy is a form of property ownership where two or more people own a property equally. One key feature is the right of survivorship, meaning:
✅ When one co-owner dies, their share automatically passes to the surviving owner(s).
✅ The deceased’s share cannot be passed through a will.
Can a Joint Tenancy Be Severed After Death?
No, a joint tenancy cannot be severed after one owner has died. Once a co-owner passes away, their share is automatically transferred to the surviving joint tenant(s), and the property becomes solely theirs.
When Can a Joint Tenancy Be Severed?
Severance must be done before death if one co-owner wishes to:
- Ensure their share goes to their heirs instead of the co-owner.
- Convert the ownership into a tenancy in common, allowing each owner to have a distinct share.
How to Sever a Joint Tenancy Before Death
- Serve a Notice of Severance – A written document stating the intention to sever ownership.
- Register the Severance – Update the Land Registry to reflect ownership as a tenancy in common.
- Make a Will – To decide who inherits the deceased’s share of the property.
What Happens If a Joint Tenant Dies Without Severance?
- The property automatically belongs to the surviving joint tenant(s).
- The deceased’s will does not affect the property.
- Family members cannot claim ownership unless there are legal disputes over the deceased’s intentions.
How Fraser Bond Can Help
At Fraser Bond, we provide expert guidance on:
- Severing joint tenancy before death to protect inheritance rights.
- Handling property transfers after a co-owner’s passing.
- Managing legal disputes over ownership and wills.
Conclusion
If you want to control what happens to your share of a property, severance must happen before death. Once a joint tenant passes away, the property automatically transfers to the surviving owner(s). To discuss property ownership planning, contact Fraser Bond today.
