• 0800 015 0340
  • Contact Us
    • All Offices
    • Leeds City Centre
    • Bradford City Centre
    • Huddersfield
    • Wakefield
    • Halifax
    • Morley
    • Horbury
    • Guiseley
  • IIC logo
Menu
  • About Us
  • Vision & Values
    • Visions & Values
    • Health and Wellness
    • Charity & Community
    • Prizes & Awards
    • Sponsorship
  • Your Team
  • Media
    • The Hub
    • Downloads
  • Free Training
  • Careers
  • Testimonials
Chadwick Lawrence
Trustpilot
  • Business Services
    • Employment Law
      • Employment Law
      • BoxHR
    • Complete Property Solutions
      • Complete Property Solutions
      • Commercial Property Transactions
      • Development & New Build Sales
      • Property Dispute Resolution
      • Sales & Purchases of Property
      • Commercial Land Development
      • Boundary Disputes, Land Ownership, Rights, Breach of Contract, Misrepresentation & Damage to Property
      • Leases of Commercial Premises for Landlords or Tenants
      • Land Acquisition for Residential Development & New Build Sales
      • Breaches of Leases, Rent & Service Charge Issues
      • Mortgage Finance & Security
      • Option Agreements & Conditional Contracts
      • Claims Against Property Professionals
      • Leasehold Management
      • Planning Agreements
      • Judicial Review
      • blank
      • blank
      • Lease Renewals, Termination & Dilapidations
    • Corporate & Contracts
      • Corporate & Contracts
      • Banking & Finance
      • Commercial Contracts
      • Corporate Advisory
      • Mergers & Acquisitions
      • LINK
    • Corporate Recovery & Insolvency
      • Corporate Recovery & Insolvency
      • Administration
      • Fraudulent Trading
      • Wrongful Trading
      • Preferences
      • Transactions at an Undervalue
      • Director Disqualification
      • Company Restoration
      • Winding-Up Petitions
      • Statutory Demands
      • Individual Voluntary Arrangements
      • Bankruptcy
      • Validation Orders
      • Administrative Receivership
      • Company Voluntary Arrangements
      • Liquidations
      • FAQs
    • Intellectual Property
      • Intellectual Property
      • Contracts and Licenses
      • Trademarks
      • Design Rights
      • Enforcement
      • Restrictive Covenants
      • FAQs
    • Litigation in Business
      • Litigation in Business
      • Contractual Disputes
      • Construction Disputes
      • Professional Negligence
      • Restrictive Covenant Solicitors
      • Banking & Finance
      • Debt Collection & Recovery
      • Directors and Partnership Internal Disputes
      • FAQs
      • Complete Property Solutions (Property Dispute Resolution)
    • Media Law and Reputation
      • Media Law and Reputation
      • Pre-Publication and Crisis Management
      • After Publication
      • Online Reputation
      • Defamation
      • Harassment
      • Privacy
    • Regulatory Services
      • Regulatory Services
      • Coroners Inquests
      • Licensing
      • Sports Regulation
      • Health and Safety Investigations
      • Trading Standards
      • Box GDPR
      • BoxLegal
      • Immigration & Workers
      • Transport Law
    • Sports Law
      • Sports Law
      • Club Services
      • Player / Coach Services
      • Regulatory Services
      • Private Client Services
  • Personal Services
    • Road Traffic & Motoring Law
      • Road Traffic & Motoring Law
      • Drink Driving
      • Speeding & Disqualification
      • Driving Without Due Care & Attention
      • Use of a Mobile Phone
      • Driving Without Insurance
      • Drug Driving
      • Dangerous Driving
      • Failure to Provide Information
      • Road Traffic and Motoring Offences
    • Media Law and Reputation
      • Media Law and Reputation
      • Pre-Publication and Crisis Management
      • After Publication
      • Online Reputation
      • Defamation
      • Harassment
      • Privacy
    • Dispute Resolution
      • Dispute Resolution
      • Property Dispute Resolution
      • Contentious Probate
      • Court Proceedings
      • Data Protection GDPR Breaches
      • Debt Matters
      • Private Contract Disputes
      • Professional Negligence
      • FAQs
    • Employment Law
      • Employment Law
      • Disciplinary
      • Grievance Advice
      • Employment Tribunal
      • Settlement Agreements
      • Restrictive Covenants
      • Exit Packages
      • FAQS
    • Family Solicitors
      • Family Solicitors
      • Divorce
      • Civil Partnership
      • Financial Settlements after Divorce or Dissolution
      • Pre-nuptial and Post-nuptial Agreements
      • Adoption
      • Grandparents Rights
      • Funding Your Case
      • Mediation Solicitors
      • Financial Provision for Children
      • Separation Agreement Solicitors
      • Cohabitation Agreements
      • Collaborative Law Solicitors
      • FAQs
    • Home & Property Services
      • Home & Property Services
      • Remortgaging
      • Buying and Selling
      • Property FAQs
    • Medical Negligence
      • Medical Negligence
      • Accident & Emergency
      • Amputations
      • Birth Injuries
      • Brain Injuries
      • Cancer Cases
      • Cardiology
      • Ear, Nose & Throat
      • Eye Conditions & Surgery
      • Gastroenterology
      • General Practitioner (GP)
      • Genetic Conditions
      • Gynaecology
      • Neurology / Nerve Damage
      • Orthopaedics & Rheumatology
      • Paediatrics
      • Respiratory Disorders
      • Spinal Cord Injuries
      • Surgery
      • Urology & Renal
      • Vascular Conditions & Vascular Surgery
    • Personal Injury Solicitors
      • Personal Injury Solicitors
      • Animal Related Injury Claims
      • Armed Forces Injury Claims
      • Slip, Trip or Fall Accident Claim
      • Accident At Work Claims
      • Road Traffic Accident Solicitors
      • FAQs
    • Wills & Probate Solicitors
      • Wills & Probate Solicitors
      • Disputed Wills
      • FAQs
      • International Legal Matters
      • Lasting Powers of Attorney (LPA)
      • Succession Planning
      • Trusts
      • UK Tax Planning
    • Court of Protection
      • Court of Protection
      • Lay Deputyship Advice
      • Personal Injury Trusts
      • Professional Deputyships
      • Statutory Wills
  • Business Services
    • Business Services
      • Employment Law
        • Employment Law
        • BoxHR
      • Complete Property Solutions
        • Complete Property Solutions
        • Commercial Property Transactions
        • Development & New Build Sales
        • Property Dispute Resolution
        • Sales & Purchases of Property
        • Commercial Land Development
        • Boundary Disputes, Land Ownership, Rights, Breach of Contract, Misrepresentation & Damage to Property
        • Leases of Commercial Premises for Landlords or Tenants
        • Land Acquisition for Residential Development & New Build Sales
        • Breaches of Leases, Rent & Service Charge Issues
        • Mortgage Finance & Security
        • Option Agreements & Conditional Contracts
        • Claims Against Property Professionals
        • Leasehold Management
        • Planning Agreements
        • Judicial Review
        • blank
        • blank
        • Lease Renewals, Termination & Dilapidations
      • Corporate & Contracts
        • Corporate & Contracts
        • Banking & Finance
        • Commercial Contracts
        • Corporate Advisory
        • Mergers & Acquisitions
        • LINK
      • Corporate Recovery & Insolvency
        • Corporate Recovery & Insolvency
        • Administration
        • Fraudulent Trading
        • Wrongful Trading
        • Preferences
        • Transactions at an Undervalue
        • Director Disqualification
        • Company Restoration
        • Winding-Up Petitions
        • Statutory Demands
        • Individual Voluntary Arrangements
        • Bankruptcy
        • Validation Orders
        • Administrative Receivership
        • Company Voluntary Arrangements
        • Liquidations
        • FAQs
      • Intellectual Property
        • Intellectual Property
        • Contracts and Licenses
        • Trademarks
        • Design Rights
        • Enforcement
        • Restrictive Covenants
        • FAQs
      • Litigation in Business
        • Litigation in Business
        • Contractual Disputes
        • Construction Disputes
        • Professional Negligence
        • Restrictive Covenant Solicitors
        • Banking & Finance
        • Debt Collection & Recovery
        • Directors and Partnership Internal Disputes
        • FAQs
        • Complete Property Solutions (Property Dispute Resolution)
      • Media Law and Reputation
        • Media Law and Reputation
        • Pre-Publication and Crisis Management
        • After Publication
        • Online Reputation
        • Defamation
        • Harassment
        • Privacy
      • Regulatory Services
        • Regulatory Services
        • Coroners Inquests
        • Licensing
        • Sports Regulation
        • Health and Safety Investigations
        • Trading Standards
        • Box GDPR
        • BoxLegal
        • Immigration & Workers
        • Transport Law
      • Sports Law
        • Sports Law
        • Club Services
        • Player / Coach Services
        • Regulatory Services
        • Private Client Services
  • Personal Services
    • Personal Services
      • Road Traffic & Motoring Law
        • Road Traffic & Motoring Law
        • Drink Driving
        • Speeding & Disqualification
        • Driving Without Due Care & Attention
        • Use of a Mobile Phone
        • Driving Without Insurance
        • Drug Driving
        • Dangerous Driving
        • Failure to Provide Information
        • Road Traffic and Motoring Offences
      • Media Law and Reputation
        • Media Law and Reputation
        • Pre-Publication and Crisis Management
        • After Publication
        • Online Reputation
        • Defamation
        • Harassment
        • Privacy
      • Dispute Resolution
        • Dispute Resolution
        • Property Dispute Resolution
        • Contentious Probate
        • Court Proceedings
        • Data Protection GDPR Breaches
        • Debt Matters
        • Private Contract Disputes
        • Professional Negligence
        • FAQs
      • Employment Law
        • Employment Law
        • Disciplinary
        • Grievance Advice
        • Employment Tribunal
        • Settlement Agreements
        • Restrictive Covenants
        • Exit Packages
        • FAQS
      • Family Solicitors
        • Family Solicitors
        • Divorce
        • Civil Partnership
        • Financial Settlements after Divorce or Dissolution
        • Pre-nuptial and Post-nuptial Agreements
        • Adoption
        • Grandparents Rights
        • Funding Your Case
        • Mediation Solicitors
        • Financial Provision for Children
        • Separation Agreement Solicitors
        • Cohabitation Agreements
        • Collaborative Law Solicitors
        • FAQs
      • Home & Property Services
        • Home & Property Services
        • Remortgaging
        • Buying and Selling
        • Property FAQs
      • Medical Negligence
        • Medical Negligence
        • Accident & Emergency
        • Amputations
        • Birth Injuries
        • Brain Injuries
        • Cancer Cases
        • Cardiology
        • Ear, Nose & Throat
        • Eye Conditions & Surgery
        • Gastroenterology
        • General Practitioner (GP)
        • Genetic Conditions
        • Gynaecology
        • Neurology / Nerve Damage
        • Orthopaedics & Rheumatology
        • Paediatrics
        • Respiratory Disorders
        • Spinal Cord Injuries
        • Surgery
        • Urology & Renal
        • Vascular Conditions & Vascular Surgery
      • Personal Injury Solicitors
        • Personal Injury Solicitors
        • Animal Related Injury Claims
        • Armed Forces Injury Claims
        • Slip, Trip or Fall Accident Claim
        • Accident At Work Claims
        • Road Traffic Accident Solicitors
        • FAQs
      • Wills & Probate Solicitors
        • Wills & Probate Solicitors
        • Disputed Wills
        • FAQs
        • International Legal Matters
        • Lasting Powers of Attorney (LPA)
        • Succession Planning
        • Trusts
        • UK Tax Planning
      • Court of Protection
        • Court of Protection
        • Lay Deputyship Advice
        • Personal Injury Trusts
        • Professional Deputyships
        • Statutory Wills

You are here:Home > Media > Legal News > WHAT IS A SEVERANCE OF JOINT TENANCY, AND WHAT ARE THE USES IN WILL PREPARATION AND ESTATE PLANNING?

  • Quick Jump
    • About Us
    • BoxHR
    • Business Services
    • Careers
    • Client Care & Complaints
    • Contact Us
    • Cookie Policy
    • Development and Plot Sales
    • Divorce Solicitors
    • Downloads
    • Financial Conduct Authority Investigation
    • Health and Wellness
    • Legal About Us
    • Make a payment
    • Media
    • Media
    • Meet Your Managing Partner
    • National Minimum Wage Investigations
    • Perks For Our People
    • Personal Services
    • Pricing Transparency
    • Privacy Notice
    • Prize Draw Terms & Conditions
    • Property Dispute Resolution
    • Seminar Sign In
    • Separation Specialist Solicitors
    • Sitemap
    • START
    • Team
    • Terms & Conditions
    • Testimonials
    • The Chadwick Lawrence Way
    • The Hub
    • Transport Law
    • We are Yorkshire's Legal People
    • Yorkshire Lawyer Network
WHAT IS A SEVERANCE OF JOINT TENANCY, AND WHAT ARE THE USES IN WILL PREPARATION AND ESTATE PLANNING?

15
Nov 2022

WHAT IS A SEVERANCE OF JOINT TENANCY, AND WHAT ARE THE USES IN WILL PREPARATION AND ESTATE PLANNING?

Where more than one person owns a property, it is possible to own the same as Joint Tenants or Tenants in Common. The difference between the two types of ownership are that, if you hold as Joint Tenants and one owner passes away, the property would automatically pass to the surviving Joint owners, regardless of what is in someone’s Will. If the property is held as Tenants in Common, it is possible to leave that share of the property by Will.

There are benefits to holding a property as Tenant in Common. Firstly, for care home fee planning so that the share of the property of the person that passes away first does not pass to the surviving joint owner to be used to fund their care fees, but instead passes into a life interest Trust. This type of Trust is created in the Will so that the surviving owner has a right to occupy the property for the rest of their lifetime and downsize using 100% of the proceeds of the property, but ultimately that share of the property is safeguarded for the named beneficiaries in the Will.

Another benefit may be for couples who own a property and who have children from different relationships to safeguard the respective shares for children. Drafting a Will in this way would be beneficial so that the survivor does not inherit the whole property to do with as they please in their own Will, which mitigates the chance that the children of the first to pass away do not receive anything.

Lastly, severing a joint tenancy is beneficial for divorcing couples, so that one spouse can sever the joint tenancy to stop the other one from inheriting the whole property on their death if the divorce has not been finalised.

A Will is essential in all circumstances where the property is held as Tenant in Common, to ensure appropriate safeguards for both the surviving joint owner, and the ultimate Beneficiaries.

A severance of joint tenancy must be done in writing and must be severed by service on the other party. In order to ensure that the severance of joint tenancy is effective legally, we recommend seeking legal advice.

If you require any assistance we have offices across West Yorkshire in Huddersfield, Halifax, Bradford, Guiseley, Leeds City Centre, Morley, Wakefield and Horbury.  We can also provide advice over the telephone or via a video call.  Please get in touch on  0800 015 0340 to arrange an appointment with one of our dedicated Wills experts.

< Back to Media Hub

  • Like this ? Share with friends
Is Dementia Preventable?

21
May 2025

Is Dementia Preventable?

Exploring risk factors for Dementia: what you can do now to protect your brain It’s true that getting older naturally increases our risk for cognitive decline, but the good news is that we’re learning more about factors we can influence to potentially reduce that risk. So, what can we do to help protect our brains…

Read More

Dementia Action Week – Events in West Yorkshire

20
May 2025

Dementia Action Week – Events in West Yorkshire

Dementia Action Week is an important opportunity to raise awareness, support individuals living with dementia, and connect people with resources in their communities. Across West Yorkshire, a range of events are being held to mark the week, and ongoing support is available throughout the year. Local Events During Dementia Action Week In the Huddersfield area…

Read More

Get in touch


  • 0800 015 0340
  • info@chadlaw.co.uk

Social Media


featured image
Chadwick Lawrence
  • Pricing Transparency
  • Legal About Us
  • Client Care & Complaints
  • Privacy Notice
  • Cookie Policy
  • Terms & Conditions
  • Sitemap

© Copyright 2025. Website design by Fantastic Media.

*The following are trading names/styles of Chadwick Lawrence LLP, Chadwick Lawrence Solicitors, Chadwick Lawrence, Yorkshire’s Legal People, Chadlaw, Acclaim

‹›×
    Leave a Message

    This field is hidden when viewing the form
    Name(Required)