The joint tenancy of a married couple’s house was held on the evidence to have been severed, despite the absence of a written notice of severance.
Summary
The joint tenancy of a married couple’s house was held on the evidence of the case to have been severed, such that the husband’s interest in the house passed in accordance with his will rather than by survivorship, despite the absence of a written notice of severance.
Background
The wills of a married couple (Mr and Mrs T) each provided for a trust, with a view to utilising the inheritance tax (IHT) nil rate band of the first spouse to die. Mr T died in September 2003.
Following Mr T's death, the trustees of his nil rate band trust agreed to transfer the trust's purported share of the matrimonial home into Mrs T’s sole name, in return for her estate owing the
