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Joint tenancy severance

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Re: Joint tenancy severance

Postby theycantdothat » Fri Oct 16, 2015 5:28 pm

atticus wrote:Hence the relevance of proprietary estoppel!


You're going to have to explain that.
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Re: Joint tenancy severance

Postby atticus » Fri Oct 16, 2015 6:07 pm

Dad wants to cut OP out of a share, severs joint tenancy. OP says it was all to be hers, not just part, that was the deal. Proprietary estoppel argument may be available in respect of the part Dad is trying to take away from her. Simples.
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Re: Joint tenancy severance

Postby theycantdothat » Fri Oct 16, 2015 11:15 pm

atticus wrote:Dad wants to cut OP out of a share, severs joint tenancy. OP says it was all to be hers, not just part, that was the deal. Proprietary estoppel argument may be available in respect of the part Dad is trying to take away from her. Simples.


My reading of the situation is that I do not see any deal. Controlling parents or grandparents may threaten to disinherit if children or grandchildren fail to tow the line, but if they do, I do not think that that is a basis for arguing proprietary estoppel.
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Re: Joint tenancy severance

Postby atticus » Sat Oct 17, 2015 7:12 am

Earl wrote: ... To coerce a daughter into helping to run his properties when necessary, and promising that at the end of the day she will inherit it all ... So he's had me at his beck and call for 44 years ...


That, I said, may be the beginnings of a proprietary estoppel case.
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Re: Joint tenancy severance

Postby theycantdothat » Sun Oct 18, 2015 9:29 am

But is the OP not wanting only a half share? If so, her half is secured.
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Re: Joint tenancy severance

Postby atticus » Sun Oct 18, 2015 10:23 am

That depends on what she meant by "inherit it all".
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Re: Joint tenancy severance

Postby Earl » Tue Oct 20, 2015 1:33 pm

Inherit it all.

I was to inherit certain properties in total - via joint tenancy.

These then I could sell and hopefully help sort out the rest of the estate - helping with IHT.
The remainder of the estate was then to be divided equally between us 3 siblings, except now to hurt me, he has altered the joint tenancy to tenants in common and I suspect left the rest of the estate to my sisters. Also he has left his home to sister in Canada, and another house to my younger sister. All not part of his original promises.

So yes I was to get those properties, was promised them, put up with all his **** to be able to avoid some IHT and be able to secure for all 3 of us an equal share of the rest. Do I know now how he intends to give away the estate - no, only that the properties that were to come to me are now 50% as I see it back in the estate.
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