Q&As

Can a joint tenancy be severed if the co-owner has lost capacity?

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Published on LexisPSL on 06/04/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can a joint tenancy be severed if the co-owner has lost capacity?

This Q&A is relevant to a situation in which the person lacking capacity has an attorney or deputy who is authorised to serve/receive the notice on the joint tenant’s behalf.

Practice Note: Severance of a joint tenancy sets out the various ways in which severance can occur (including severance by statutory written notice under section 36(2) of the

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