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Category: Property Law
Satisfied Customers: 33385
Experience:  Barrister at Self Employed Barrister
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What does this mean in a will: As to my leasehold property

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What does this mean in a will:
As to my leasehold property being Basement flat ............ aforesaid of which the said ".....1......." and I are beneficial joint tenants in fee simple in possession I make following provisions:-
If there is in my life time a Severance of the joint tenancy then I give all my interest in the property and proceeds of the sale thereof to my son "......2......." absolutely.
I would like to advise that the joint tenancy to the above was ended in 2004, we have proof of this. Please can you advise as to who has the ownership of the above property.
Please can you confirm if Severance is ment by death or signing your name off the deeds?
Many thanks
I see. Severance can not be met by death in these circumstances but it can be met by the severance to which you refer in 2004. As such his share would fall to his son under the terms of the will. The other share would remain with the other party. I hope that this helps. Please rate positive.
Customer: replied 2 years ago.

Thank you. My mother and my brother were joint tenants so my mother could buy her flat. In 2004 my brother signed his name off the deeds once the flat was paid for, which meant my mother was the sole owner ( I have a copy of the land registry form for this) so does this mean that the tenancy has been severed and that now my mother has passed, the flat belongs solely to myself. (referring to the above paragraph of my mothers will). Do you need me to quote the whole part of this, for more clarity. As having major concerns with brother. Regards ***** *****

From what you have written there was severance in 2004 and as such the terms of the will apply. I would be minded to get a solicitor to write to him formally setting out the position. I hope that this helps. Please rate positive.
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Customer: replied 2 years ago.

sorry, confused is the flat mine or do we share it. according to the will. i.e because my brother signed himself off the tenancy does that mean he is no longer a beneficiary to that part of the will. Also is email the only way I can contact you as this has been going on for 16 months and he will not do probate. I just want closure and to get on with my life. Thank you for your expertise. Debbie Brickwood

It appears from what you have written it is yours. Please rate positive.
Customer: replied 2 years ago.

How do I go about getting this confirmed because I have had one solicitor say that this is not the case. so I need it to be confirmed. Thank you so so much as this has been seriously bothering me, as my brother is being very difficult and obstructive and I need proof from someone who can enforce this. Do you have any suggestions. Very grateful for your input and will rate positive.

I would get yourself a good solicitor (probably a London firm) or a barrister to look at all the papers and then write to him to sort things out.
Customer: replied 2 years ago.

In property and employment law severance is used in several different contexts. First, it applies to Joint Tenancy, a form of shared ownership of real property. Joint tenancy requires each tenant to share in the four unities of time, title, interest, and possession. When any of these unities no longer applies to any or all of the joint tenants, the joint tenancy is said to be severed, and the tenancy is terminated. Second, in regard to real property, severance is the cutting and removal of anything that is attached to the land, such as standing timber or crops. Third, severance is used when the government exercises its power to take private property for public use through the right of Eminent Domain. If only part of the property is taken and the value of the remaining property depreciates because of the government's proposed use of the taken share, the owner is entitled to compensation called severance damage. Fourth, severance pay is an amount of money paid to employees upon the termination of their employment. It is usually based on the employee's salary and duration of employment.

I know the definitions - thanks
Customer: replied 2 years ago.

sorry I never meant to send that I know you know the definitions. I hope I haven't offended you. Debbie

No don't be silly - happy to help