Para 3

Question 1

If Shauna intended for her sister to take her place in being a tenant in common…

Answer 1

Then she now takes her place as a tenant in common in the property

Question 2

The will

Answer 2

As Shauna and Kieran were joint tenants before he made the will (which is assumed on the basis that he didn’t know about the severance before his death) Kieran could not have left his share to his distant cover.

Question 3

Kieran could not have severed before Shauna as…

Answer 3

Severance cannot be made through a will as it is relating to the death of a person (Re Caines)

Question 4

Kieran’s will not valid

Answer 4

Therefore Kieran’s will is not valid and as it is such, it will be treated as if there is no such will.

Question 5

What happens if there is no will?

Answer 5

As there would no longer be a will, Kieran’s share in the estate would pass through intestacy (Collins, 2003)

Question 6

Intestacy

Answer 6

When a person dies without leaving a will, they are described as having died intestate, which means that their estate will be distributed according to the rules of intestacy

Question 7

Intestacy rules

Answer 7

1 - married couple and civil partner
2 - children
3 - close relatives (parents, siblings, uncles and aunties)

Question 8

Intestacy rules application

Answer 8

Therefore, Kieran’s share of the estate would pass down the line until his closest relative was found, for example - if he wasn’t married his kids would inherit the property, if he didn’t have kids his parents would and so on. Thus it is very unlikely that his distant cousin, who was named on the will, would inherit his share of the property through the rules of intestacy.

Question 9

ANALYSIS - if Shauna didn’t sever

Answer 9

However, if Shauna did not sever her joint tenancy with Kieran then she would have inherited his half of the property through rights of survivorship and would have owned 100% of the property both in legal and equitable title