Q&As

How should a notice of severance of a joint tenancy be served when the recipient lives in Germany? If it can be sent by post, must a ‘recorded/tracked’ service be used?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 25 January 2022
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In England and Wales, jointly-owned property is held on a trust of land by the legal owners for the beneficial owners (usually themselves). While legal ownership is always by way of a joint tenancy, beneficial ownership can be held either as joint tenants or as tenants in common. The difference is often important. A joint tenancy means that all of the joint owners own the whole of the beneficial interest, whereas tenants in common hold defined shares in the equity of the property. On the death of one joint tenant their interest is extinguished, meaning that the remaining co-owners continue to hold the whole, and there is no interest that can be passed (including under a Will). This is known as the doctrine of survivorship. 

A beneficial

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Joint tenancy definition
What does Joint tenancy mean?

Ownership of property by two or more persons where the survivor is wholly entitled to the property.

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