Notice of Severance
A Notice of Severance is a formal written notice used to change jointly owned property from a joint tenancy to tenants in common. This allows a person’s share of the property to pass under their Will, rather than automatically to the surviving co-owner.
Who a Notice of Severance is right for
A Notice of Severance is usually worth considering if you recognise your situation in one of the following:
- You jointly own a property and want to include provisions in your Will that may help reduce potential future care home fees.
- You are one of two joint owners and want your share to pass to someone other than the other owner, rather than automatically to them.
- You want to include a life interest trust in your Will, which usually requires your property to be held as tenants in common first.
- You have experienced a relationship breakdown and no longer want your share to pass automatically to the other owner.
- You simply want greater flexibility when planning your estate.
A joint tenancy means your share of a property passes automatically to the surviving owner when you die, regardless of what your Will says. Severing that joint tenancy is what allows your Will to take control of your share instead.
What is included?
We will discuss your requirements for a Notice of Severance at the same time as we discuss what you wish to include in your Will. It is a straightforward, personal process and can be held at your home, or by telephone or video call. We will confirm how your property is currently owned, prepare the correct notice, and explain the next steps needed to register the change.
We will provide the Notice of Severance to you at the same time as we deliver your Will, usually within 7 days of us receiving full instructions from you. An express service is also available if needed.
How much does a Notice of Severance cost?
A Notice of Severance costs £20.
Do I need my co-owner's agreement to sever a joint tenancy?
No, this is not necessary.
Usually, when a Notice of Severance is prepared, it is with the knowledge and consent of both co-owners. Nevertheless, severing a joint tenancy is something you can do on your own, and you do not need your co-owner’s permission or agreement, especially if your relationship has broken down.
Whilst it is usually good practice to inform them, the notice itself can be served without prior notice, since it only affects how your own share is dealt with.
Learn more
If you would like a deeper explanation of when severing a joint tenancy is worth considering, our guide When should a joint tenancy be severed? covers this in more depth.
A Notice of Severance is often needed alongside a Trust Will, particularly where a life interest trust is being considered.
How to get started
Booking a Basic Will with Wise Owl Wills takes three simple steps:
Make contact by telephone or use our online form.
Talk through your needs and confirm your wishes.
Receive your completed Will within 7 days
Book your free consultation or call us on 0161 524 1033 to get started.
