Severance of Joint Tenancy

For couples that own property: A classic inheritance tax planning strategy for your property and an indirect way to also protect from care fees means testing. 

What Do I Need To Complete and Return? 

What Do I Get For My Money? Read/See:

Severance of Joint Tenancy to Tenants in Common:  For couples, most property is owned as 'joint tenants' i.e.  you jointly own the whole property.  If one dies, the survivor already does and instantly owns the whole property anyway.  By changing the way a couple owns the property to 'tenants in common' (imagine a 'red line' down the middle of the property, you own your half and your partner owns the other half), it enables you on 1st death to place your share of the property in trust (using your Will) for the benefit of other loved ones e.g.  children.

Lifetime Interest In Property Trust:  Your surviving partner (and any other people you designate) can continue to live in the WHOLE property (and indeed move home if they wish) but other loved ones own the deceased's half.  Upon second death the whole property is passed to beneficiaries.  This means that part of the property does not count towards the 2nd death inheritance tax liabilities and indeed cannot be included in any means test for care.  We will also draft the most suitable Life Interest Trust wording and any Discretionary or Nil Rate Band Will Trust wordings to meet your needs within your Will.

Will Clarity Statement:  We will also draft, certify and sign a separate Clarity Statement, where applicable, in case of dispute or your Will being contested if you have made reservations or exclusions in your Will or have given control to another Trustee on behalf of some or all beneficiaries under a Discretionary trust.

What we do:

  • Draft a Severance of Joint Tenancy Deed to establish 'Tenants in Common' that you both sign
  • Complete Land Registry forms to change land ownership title to 'Tenants in Common' and send the completed forms together with the Severance Deed to the Land Registry to be registered.
  • Draft Two 'Advanced' Wills, one for each of you including your normal Will and Trust requirements but in addition include a Lifetime Interest In Property Trust.

NOTE:  To qualify for this, you should be mortgage free i.e.  own your home outright.

Pricing / Purchase Options

1. Non Face to Face Paid Upfront
25% Discount
£1,597.19
2. Non Face to Face Paid On Completion
15% Discount
£1,810.15
3. Face to Face Paid Upfront
10% Discount
£1,916.63
4. Face to Face Paid On Completion
Standard Fee
£2,129.59

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