The question
Amir and Beth own their house as beneficial joint tenants. After they separate, Amir sends Beth a signed letter saying that from now on he wants to hold his share separately. Beth receives the letter but doesn't reply. Amir dies a month later, leaving everything in his will to his brother.
Which of the following is the best answer?
Show the answer and explanation
The best answer is B: The beneficial joint tenancy was severed, so Amir's half share passes under his will to his brother.
Under s 36(2) of the Law of Property Act 1925, a joint tenant can sever the beneficial joint tenancy by giving the other joint tenants written notice of the wish to do so. The other joint tenant's agreement isn't needed, and notice is effective once served, even if it isn't read (Kinch v Bullard [1999] 1 WLR 423).
After severance, Amir and Beth held the beneficial interest as tenants in common in equal shares, so survivorship no longer applied. Amir's half passes under his will. The legal estate is still held by the joint tenants on trust, and a restriction on the register protects the position, but registration isn't what severs the tenancy.