Goodman v Gallant [1969]

Facts

  • One joint tenant purported to sever the joint tenancy by writing a will to the contrary

Issue

  • Could a will sever a joint tenancy?

Decision

  • No

Reasoning

  • Notice in writing effective to sever a joint tenancy under s 36(2) of the Law of Property Act 1925 must have immediate effect and be irrevocable
  • A will could be changed or revoked prior to death, and so was neither irrevocable nor had immediate effect (operating after death, and so after survivorship would usually operate)
RELATED CASE  Sovmots Investments v SS Environment [1979]

Posted in Land Law Revision Notes.

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