Joint Tenants or Tenants in common

Trusts Discussion
1

Where more than one beneficiary inherits property under a will, is there a presumption that they inherit as tenants in common

Thank you

2

It depends on whether the wording in the Will contains words of severance.

Cliona O’Tuama

Solicitor

3

Under English Law, the default position is a joint tenancy.

As Cliona identifies, there must be words of severance for the will to create a tenancy in common.

If the will creates a joint tenancy, it is open to the beneficiaries to sever the joint tenancy themselves, on notice to the executor. For example, a gift of £100 to A and B will be severed by A giving the executor instructions to pay their nominal share to their own bank account.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

4

Thank you Cliona and Paul