Is anyone aware of a case where the court has ordered a posthumous severance in an IPFDA claim? In this case, the only asset of the estate is the property owned as joint tenants by the deceased and his ex-wife. They were on friendly terms. The only other asset was a bank account with a small amount of money. His will left 50% of his estate (with no reference to the property) to their son. The son is now considering a claim even though the property has passed to the surviving joint owner. I wondered whether the son has any likelihood of success. Can the court order that the tenancy be severed and the surviving joint owner should hold the property be held as to the deceased’s half, in accordance with his will?
s.9 Inheritance (Provision for Family and Dependants) Act 1975 specifically applies to joint property and enables a court to retrospectively “server” the joint tenancy.
Chances of a successful claim by the son – will depend upon the circumstances
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals