Emma Birch 1903375 Tutor: Alice King
Property formative assessment
Problem solving: co-ownership question
When Tim died in 2014, he left his home ‘White Cottage’ to his five daughters, Angela, Bella, Cindy,
Debbie and Ella (who was only sixteen at the time) “to be kept by them in the family unsold until the last
of them shall die”. In 2015, Angela sent a letter to the others in which she gave formal notice of her
intention to sever her interest in the property. When the letter arrived, nobody else was around, so
Angela filed it away, but she forgot to tell the others that she had done so.
In 2016 Bella sold her equitable interest in the house to Paul. In 2017 Cindy granted a mortgage to
EasyLend Ltd on the security of her equitable interest in White Cottage.
At the start of this year (2020) Debbie was tragically killed in a hunting accident. Her will purported to
leave her share in ‘White Cottage’ to her boyfriend, Mark. Angela now wishes to sell the house and is
supported by Paul and Cindy. Mark and Ella oppose the proposed sale.
Advise Angela as to the prospects of sale.
Answer:
To advise Angela as to the likelihood of sale, we must first establish the identity of the legal and
beneficial owners, the size of their beneficial interests and whether they hold their beneficial
interests as beneficial joint tenants or tenants in common.
The legal owners are ABCD as the legal title vests in the first four named who are over the age
of 18 years and thus E being 16 and the fifth named cannot hold legal title ((s34(2)
LPA25/Trustee Act 25). ABCD are joint tenants as legal title must be held in a joint tenancy
(s1(6) LPA25) and so shares in the property will be passed through survivorship principle.
All 5 siblings hold beneficial title as when Tim died in 2014, he left the home to his 5 daughters
and there is no restriction on number/age of beneficial owners.
Initial ownership when Tim dies
LEGAL TITLE EQUITABLE TITLE
2014 (ABCD) (ABCDE)
In 2015, Angela sent a letter telling of her intention to sever her interest in the property. The
letter sent was delivered but not read by the other joint tenants as she filed it away. Provided
that the letter complies with the requirements of s36(2) LPA25, then this will result in the
severance of C’s beneficial interest making her a tenant in common of 1/5 of the property; as
Angela has informed of her intention to sever her share she would be able to pass down
through her will instead of by reason of survivorship. Her Legal title will be unaffected. The
beneficial joint tenancy of BCDE will be unaffected. Thus, the written letter (which need not be
signed – Re Draper’s Conveyance 1969) must profess a desire to sever C’s beneficial interest
Property formative assessment
Problem solving: co-ownership question
When Tim died in 2014, he left his home ‘White Cottage’ to his five daughters, Angela, Bella, Cindy,
Debbie and Ella (who was only sixteen at the time) “to be kept by them in the family unsold until the last
of them shall die”. In 2015, Angela sent a letter to the others in which she gave formal notice of her
intention to sever her interest in the property. When the letter arrived, nobody else was around, so
Angela filed it away, but she forgot to tell the others that she had done so.
In 2016 Bella sold her equitable interest in the house to Paul. In 2017 Cindy granted a mortgage to
EasyLend Ltd on the security of her equitable interest in White Cottage.
At the start of this year (2020) Debbie was tragically killed in a hunting accident. Her will purported to
leave her share in ‘White Cottage’ to her boyfriend, Mark. Angela now wishes to sell the house and is
supported by Paul and Cindy. Mark and Ella oppose the proposed sale.
Advise Angela as to the prospects of sale.
Answer:
To advise Angela as to the likelihood of sale, we must first establish the identity of the legal and
beneficial owners, the size of their beneficial interests and whether they hold their beneficial
interests as beneficial joint tenants or tenants in common.
The legal owners are ABCD as the legal title vests in the first four named who are over the age
of 18 years and thus E being 16 and the fifth named cannot hold legal title ((s34(2)
LPA25/Trustee Act 25). ABCD are joint tenants as legal title must be held in a joint tenancy
(s1(6) LPA25) and so shares in the property will be passed through survivorship principle.
All 5 siblings hold beneficial title as when Tim died in 2014, he left the home to his 5 daughters
and there is no restriction on number/age of beneficial owners.
Initial ownership when Tim dies
LEGAL TITLE EQUITABLE TITLE
2014 (ABCD) (ABCDE)
In 2015, Angela sent a letter telling of her intention to sever her interest in the property. The
letter sent was delivered but not read by the other joint tenants as she filed it away. Provided
that the letter complies with the requirements of s36(2) LPA25, then this will result in the
severance of C’s beneficial interest making her a tenant in common of 1/5 of the property; as
Angela has informed of her intention to sever her share she would be able to pass down
through her will instead of by reason of survivorship. Her Legal title will be unaffected. The
beneficial joint tenancy of BCDE will be unaffected. Thus, the written letter (which need not be
signed – Re Draper’s Conveyance 1969) must profess a desire to sever C’s beneficial interest
