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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)
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