Severance of Tenancy Services in Greater Manchester
How you own your property plays a crucial role in your estate planning. Many homeowners do not realise that the structure of property ownership can affect who inherits their share after they pass away. At Syrus Wills, we help clients across Greater Manchester with Severance of Tenancy, giving them control over how their share of a property is handled and ensuring it passes to the right beneficiaries.
Severing a tenancy is a simple and effective way to protect your intentions, especially if you want your share of a home to go to your children, a partner, or someone other than your co-owner. Our service makes the process clear and straightforward, helping you make informed decisions that support your long term plans.
We provide home visits, flexible appointments, and an initial consultation, giving you time to ask questions and understand the best approach for your circumstances.
Where there’s a will, there’s a way
What Is Severance of Tenancy
When two or more people buy a property together, they usually own it as Joint Tenants or Tenants in Common. The difference between these two forms of ownership has a major impact on inheritance.
Joint Tenants
As Joint Tenants, all owners share equal rights to the whole property. If one owner passes away, their share automatically passes to the surviving owner. This happens even if the Will expresses different wishes. For some people, this automatic transfer is not ideal and does not align with their estate planning goals.
Tenants in Common
When the tenancy is severed, ownership becomes Tenants in Common. This means each person owns a specific share of the property. That share can then be left to whichever beneficiaries you choose through your Will. Severing the tenancy gives you control and ensures your wishes are honoured.
Why Sever a Tenancy
There are many reasons why people choose to sever a Joint Tenancy. The most common motivation is to ensure that their share of the property passes to the correct beneficiaries rather than automatically transferring to a co-owner.
Severance of Tenancy is particularly important for:
- Couples in second marriages or blended families
- Individuals with children from previous relationships
- Anyone wishing to leave their share to someone other than the co-owner
- Clients creating Family Asset Protection Trusts
- Homeowners planning for future care or inheritance protection
Severing the tenancy provides clarity, prevents disputes, and ensures each person’s estate is handled as intended.
How Severance Protects Your Wishes
Without a severance, the rules of Joint Tenancy override the instructions in your Will. This means even if you have clearly stated that your share should go to your children, that instruction may not take effect.
By formally severing the tenancy, you secure the right to dictate where your share goes. This supports careful planning, protects your chosen beneficiaries, and creates certainty as part of your wider estate arrangements.
A Common Step in Trust Planning
Many clients who set up Family Asset Protection Trusts or Will Trusts also need to sever their tenancy. The process ensures that their share of the home can be transferred into the Trust or passed to specific beneficiaries without conflict or legal barriers.
We explain how severance supports Trust structures and help you complete the process accurately.
A Clear and Supportive Process
Severing a tenancy is straightforward when handled correctly, yet it is often overlooked. We take care of the documentation and ensure everything is recorded properly so your ownership accurately reflects your wishes.
During your initial consultation, we talk through:
- Your current ownership structure
- Any existing estate planning
- Your long term intentions for the property
- How severance can support those intentions
We then guide you through the process step by step and arrange a second visit to present and review the completed documentation.
Contact us for Initial Consultation Meeting
If you want to protect your property share and control how your estate is passed on, we are here to help. Arrange your initial consultation by calling 01942 795795 or email jayne@syruswills.co.uk.