Geoff Boycott Test Case Could Hit Homeowners For Six
Geoff Boycott and his “friend and confidente” Anne Wyatt bought a house overlooking Poole Harbour together in 1996. Both their names showed on the title deeds and it is understood that they bought the property as joint tenants. In such circumstances they together owned the whole property equally and did not have individual shares in it. On the death of either of them their share would automatically have passed to the survivor, a joint tenant cannot leave their share in a property to someone else in their will.
Mr Boycott thought that on the death of Mrs Wyatt the house would automatically belong to him. However to his “huge surprise”, during her life Mrs Wyatt had changed the terms of their ownership of the property so that they held the house as tenants in common. On her death her share of the house went to her estate and to her heirs under the terms of her will.
Geoff Boycott issued proceedings by way of a test case describing the distinction between joint tenancy and tenants in common as “double Dutch”. He lost the case.
So homeowner, particularly co-habiting couples, beware of the importance of the different forms of ownership. If in doubt, seek professional legal advice.
Judy Dyke TEP
Partner and Head of Private Client Team