Gore and Snell v Carpenter [1990] P. & C.R. 456

Court: Chancery Division

Basic Facts: The case addressed the severance of joint tenancy by mutual agreement, particularly when one party changes their mind before the severance is complete.

• Parties: H (Husband), W (Wife), C (Beneficiary).

• Context: H and W owned properties jointly. Post-separation, H refused to sever the joint tenancy, and H’s will designated C as a beneficiary. H’s death led to a dispute over severance.

Issue for the Court: What is sufficient for severance?

Held: The court held that joint tenants must sever the joint tenancy explicitly for it to be effective; ambiguous conduct alone is insufficient.

Blackett-Ord J

• Intent and Notice: Severance requires clear intent and action. Negotiations alone are insufficient. A formal notice of severance or clear action showing intent is needed.