Wills & Trusts Law Reports | Autumn 2022 #188On 10 February 2022 judgment was delivered on a claim brought under Part 8 of the Civil Procedure Rules in relation to issues which had arisen in the administration of the estates of Angela and John Dunbabin. The main issue related to the question whether they had severed their beneficial joint tenancy, so as to hold the legal title to their residence upon trust for themselves as tenants in common in equal shares, with the result that on the death of Angela her half share devolved according to the terms of her will instead of passing automatically by survivorship to John. The cl...
Kieran Forsyth reviews a case that demonstrates the importance of obtaining a notice of severance of a joint tenancy and filing it at the Land Registry Dunbabin is notable for the fact that it demonstrates that the execution of mirror wills can be sufficient to sever a beneficial joint tenancy, even if those wills are …
Continue reading "Wills: The effect of joint tenancies"
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Maura McIntosh reports on a recent Court of Appeal decision on Part 36 and split costs orders ‘A claimant who beat its own offer was entitled to all its costs on an indemnity basis, unless that would be unjust.’ The Court of Appeal has overturned an order depriving a claimant of part of her costs …
Continue reading "Part 36: No half measures"
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