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A notice of severance of joint tenancy sent by registered post but returned undelivered was not validly served

By Mark McLaughlin, December 2020

A notice of severance of a joint tenancy sent by one of the joint owners to the other by registered post was returned undelivered, and the High Court was satisfied that the joint tenancy had not been severed by notice or act by the individual who sent the notice.  

A mother (IF) and her daughter (GF) jointly owned a property, which was the family home. IF and GF were registered as joint tenants. In or around late 2013, GF was resident in a hospice, terminally ill. She instructed solicitors to prepare a will for her.  

On 5 December 2013, the will was executed by GF, but there was no reference to the property, or IF's occupancy. She also signed a notice purporting to sever the joint tenancy of the property, in standard form. It was addressed to IF at the property address

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