Kinch and another v Bullard and others
Kinch and another v Bullard and others
- 1998
- Estates Gazette [1998]47 EG 140-143(4) .
ChD 27 July 1998. In 1987 Mr and Mrs J acquired a freehold property as beneficial joint tenants and occupied it as their matrimonial home. In June 1995 Mrs J`s solicitors served a divorce petition on Mr J, and on 4 August 1995 a notice of severance was sent by ordinary post addressed to Mr J at the property. The notice was delivered on 7 August but it was removed and destroyed before Mr J had notice of it. Mr J died on 15 August and Mrs J died in January 1996. The plaintiff executors of Mr J issued proceedings against the executors of Mrs J seeking a declaration that they were entitled to one half beneficial share of the property, and they also sought the determination of the court as to whether the posting and subsequent delivery at the property of the notice was effective to sever the beneficial joint tenancy. "Held" the notice was validly served and the plaintiffs were entitled to the declaration they sought.
BENEFICIAL JOINT TENANTS
HOLWELL SECURITIES LTD V HUGHES
LAW OF PROPERTY ACT 1925 S196
NOTICE OF SEVERANCE
SERVING NOTICES
VAN HAARLAM V KASNER CHARITABLE TRUST
WITHDRAWAL OF NOTICE
ChD 27 July 1998. In 1987 Mr and Mrs J acquired a freehold property as beneficial joint tenants and occupied it as their matrimonial home. In June 1995 Mrs J`s solicitors served a divorce petition on Mr J, and on 4 August 1995 a notice of severance was sent by ordinary post addressed to Mr J at the property. The notice was delivered on 7 August but it was removed and destroyed before Mr J had notice of it. Mr J died on 15 August and Mrs J died in January 1996. The plaintiff executors of Mr J issued proceedings against the executors of Mrs J seeking a declaration that they were entitled to one half beneficial share of the property, and they also sought the determination of the court as to whether the posting and subsequent delivery at the property of the notice was effective to sever the beneficial joint tenancy. "Held" the notice was validly served and the plaintiffs were entitled to the declaration they sought.
BENEFICIAL JOINT TENANTS
HOLWELL SECURITIES LTD V HUGHES
LAW OF PROPERTY ACT 1925 S196
NOTICE OF SEVERANCE
SERVING NOTICES
VAN HAARLAM V KASNER CHARITABLE TRUST
WITHDRAWAL OF NOTICE