Memo of Severance of Joint Tenancy

Making new Will and solicitor asked us to consider the possibility of preparing a Memorandum of Severance of the Joint Tenancy to be placed with our Title Deeds of the house. I gather we would each own our own half of the property left under our respective Wills and would provide flexibility if in the future it was no longer appropriate for ownership of property to pass automatically by survivorship on first death. What scenario would it benefit either of us? Appreciate any help. Thanks.

Dear Sir or Madam

This is UK legal terminology.

It may have its use in the UK but I do not see it being useful for your Spanish estate.

Is this an English Will you are drafting bequeathing your Spanish assets?

If it's the case, you may want to think twice on doing this. I would advise you to draft a UK Will exclusively for your UK assets and a separate Spanish Will exclusively for your Spanish estate. You will save your appointed heirs on the Spanish estate considerable time, money and hassle.

You can read my detailed article on why you should be granting two Wills, one for your UK assets and another Spanish Will exclusive to your Spanish estate:

Spanish Inheritance Tax: Advantages of Making a Will in Spain - 3rd September 2009

You will not regret it.

Yours sincerely
Raymundo LarraÃ*n Nesbitt