See also the more recent case of Quigley v Masterson [2011] EWHC 2529 (Ch) which concerned a couple, Mr Pilkington and Mrs Masterson, who had lived together in a house which they held as joint tenants. Following the breakdown of the relationship, Mr Pilkington instructed his solicitors to sever the joint tenancy by serving written notice upon Mrs Masterson. Unfortunately, they failed to serve the notice properly. Mr Pilkington’s health deteriorated and Court of Protection proceedings followed in which their daughter, Mrs Quigley, applied to be appointed as Mr Pilkington’s deputy. Mr Pilkington then died. The High Court rejected an argument by Mrs Quigley that the joint tenancy had been severed by mutual conduct (see below for details regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under [ statute ]. Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in order that the sale proceeds could be divided between her and Mr Pilkington. The joint tenancy had therefore been severed.
Answer
LPA 1925, s 36(2)
Tags
#co-ownership #land #law
Question
See also the more recent case of Quigley v Masterson [2011] EWHC 2529 (Ch) which concerned a couple, Mr Pilkington and Mrs Masterson, who had lived together in a house which they held as joint tenants. Following the breakdown of the relationship, Mr Pilkington instructed his solicitors to sever the joint tenancy by serving written notice upon Mrs Masterson. Unfortunately, they failed to serve the notice properly. Mr Pilkington’s health deteriorated and Court of Protection proceedings followed in which their daughter, Mrs Quigley, applied to be appointed as Mr Pilkington’s deputy. Mr Pilkington then died. The High Court rejected an argument by Mrs Quigley that the joint tenancy had been severed by mutual conduct (see below for details regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under [ statute ]. Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in order that the sale proceeds could be divided between her and Mr Pilkington. The joint tenancy had therefore been severed.
Answer
?
Tags
#co-ownership #land #law
Question
See also the more recent case of Quigley v Masterson [2011] EWHC 2529 (Ch) which concerned a couple, Mr Pilkington and Mrs Masterson, who had lived together in a house which they held as joint tenants. Following the breakdown of the relationship, Mr Pilkington instructed his solicitors to sever the joint tenancy by serving written notice upon Mrs Masterson. Unfortunately, they failed to serve the notice properly. Mr Pilkington’s health deteriorated and Court of Protection proceedings followed in which their daughter, Mrs Quigley, applied to be appointed as Mr Pilkington’s deputy. Mr Pilkington then died. The High Court rejected an argument by Mrs Quigley that the joint tenancy had been severed by mutual conduct (see below for details regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under [ statute ]. Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in order that the sale proceeds could be divided between her and Mr Pilkington. The joint tenancy had therefore been severed.
Answer
LPA 1925, s 36(2)
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Open it regarding what is meant by severance by mutual conduct). However the court held that Mrs Masterson’s application in the Court of Protection proceedings made during Mr Pilkington’s lifetime was sufficient to qualify as written notice under <span>LPA 1925, s 36(2). Mrs Masterson’s application made it clear she treated Mr Pilkington’s share as 50 per cent, and that she wished to obtain a valuation for the house and to market it for sale, in orde
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