Quigley v Masterson [2011] EWHC 2529 (Ch)
Severance of a Joint Tenancy – Methods of Severance – Joint Tenants – Notice
Facts
Mr Pilkington and Mrs Masterson were unmarried but had owned and co-habited a property as joint tenants for more than 20 years. Their relationship broke down, and Mr Pilkington then instructed his solicitors to sever their joint tenancy. His solicitors attempted to do so by serving written notice on Mrs Masterson pursuant to s36(2) Law of Property Act 1925 but failed to do so. Mr Pilkington’s health deteriorated rapidly and he lost capacity. His daughter, Mrs Quigley was appointed his deputy by the Court of Protection after a contested hearing where Mrs Masterson also applied to the Court of Protection to sell the home and split the proceeds. Mr Pilkington then died before any further steps were taken with his property.
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Issues
Had the joint tenancy been severed? Whether the proceedings in the Court of Protection amounted to a ‘course of conduct’ that was sufficient to sever the joint tenancy or not, even if the written notice to sever the tenancy had failed to have been served on Mrs Masterson.
Decision/Outcome
The High Court allowed Quigley’s appeal. Masterson’s written application for sale and division of the proceeds, read with her earlier documents, showed a present intention to sever. It took effect as notice under section 36(2) of the Law of Property Act 1925 on 3 February 2009. From that date Quigley had sufficient authority to receive notice for her father, and she already knew of the application.
The earlier dealings had not severed the joint tenancy by mutual conduct. Because notice took effect before Pilkington’s death, his beneficial share passed to his estate instead of passing to Masterson by survivorship.
Reported citations [2011] NPC 98, [2012] 1 All ER 1224, [2012] WTLR 521, [2011] 49 EG 100, [2012] 1 P & CR DG8
