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)
