Severing Joint Tenancy

Hi

My client is unable to sign a unilateral notice of severance to sever a joint tenancy due to an injury to his arm. Any suggestions?

Many thanks
Michelle

Can he sign it electronically, if you have the software?

Sara Spencer ATII TEP | Trust Manager

www.trustandestate.co.uk

Sara Spencer Ltd, 8 Kingsway, Harrogate, HG1 5NQ

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Assuming the other joint tenant can’t give notice instead, can somebody sign it “at his direction” or could he or she make a mark with their other hand? I thought the only requirement was that notice was given to the other party so it may not even have to be signed.

2 Likes

Agree with Andrew no signature required.
Harris v Goddard 1983

Richard C. Bishop
PFEP

1 Like

Hi Sara

We are not set up for that but great suggestion because he would be able to.

Thank you Andrew and Richard. Much appreciated.

1 Like

There is no legislative requirement on serving notice of severance [LPA1925 s. 36(2)] that the notice must be signed [Re Draper’s Conveyance [1969]].

Malcolm Finney

Thank you Malcom, that is most helpful.