Estate Planning
Severance of Tenancy
Severing a joint tenancy converts your property ownership so each owner holds a distinct share — essential for effective estate planning.
What Is Severance of Tenancy?
If you own property jointly with another person — typically your spouse or partner — you probably hold it as "joint tenants." This means that when one owner dies, the property automatically passes to the surviving owner, regardless of what your Will says. Severance of Tenancy changes your ownership to "tenants in common," meaning each person owns a defined share (usually 50%) that can be dealt with independently in their Will. This is a critical step in estate planning because it allows you to protect your share of the property in a trust, ensuring it ultimately passes to your chosen beneficiaries — such as your children — rather than being at risk from care fees, remarriage, or other claims against the surviving owner.
Joint Tenants vs Tenants in Common
Joint Tenants
- --Both owners hold the whole property together
- --Property automatically passes to survivor
- --Your Will has no effect over the property
- --No protection from care fees or remarriage
Tenants in Common
- ✓Each owner holds a distinct share (usually 50%)
- ✓Each share can be left to anyone in your Will
- ✓Your share can be placed in a protective Trust
- ✓Protects your children's inheritance
Why You Need Severance of Tenancy
- ✓Allows you to leave your share of a property to specific beneficiaries in your Will
- ✓Essential for setting up a Property Protection Trust to safeguard against care fees
- ✓Protects your children's inheritance if your surviving spouse or partner remarries
- ✓Gives each owner independent control over their share of the property
- ✓Works with your Will and Trust to create a comprehensive estate plan
- ✓A straightforward legal process with significant long-term benefits
What's Included
- ✓Assessment of your current property ownership structure
- ✓Preparation and serving of the Notice of Severance
- ✓Notification to HM Land Registry to update the title register
- ✓Updated ownership documentation for your records
- ✓Integration with your Will and any Trust arrangements
- ✓Clear explanation of how tenants in common works and what it means for you
Transparent Pricing
Severance of Tenancy from £149 | Often included in Trust packages
No hidden fees. All prices include a free initial consultation.
Frequently Asked Questions
Related Services
Ready to Protect Your Property?
Severance of Tenancy is a straightforward process with significant long-term benefits. Book your free consultation to find out how it works.