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Co-ownership and estoppel.

The editor of this section of the site is Samantha Jackson of 1 Chancery Lane, London.







Joint tenancy and severance

Professional negligence

Shah v Forsters LLP
[2017] EWHC 2433 (Ch)

Summary

Solicitors had not breached a duty of care to a testator by failing to ensure that she severed the joint tenancies of two properties in order to fulfil the testamentary wishes she expressed in her will.

Facts

The deceased and her husband were a wealthy couple and held two properties as joint tenants. By a 1990 Will, the husband left his share in the couple's London property (valued at £5 million in May 2015) to the deceased outright and his residuary estate, worth many millions, to her for life and thereafter to the National Trust.

In or around 2005, the deceased and her husband subsequently became opposed to the National Trust receiving anything. The husband was diagnosed with dementia in 2003. In 2007, the husband’s condition deteriorated and he executed an Enduring Power of Attorney in favour of the deceased.

The deceased and her husband saw solicitors in September 2007 who concluded that the husband lacked capacity to make a new Will in place of the 1990 Will. The deceased made an application for a Statutory Will to be approved ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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