Property Ownership

Property Ownership
Geoff Boycott out for a Duck!!

Geoff Boycott hit the headlines for a very different reason other than cricket last month. He is suing lawyers for compensation over a property deal involving a house in the millionaires’ resort of Sandbanks, Dorset.
In 1996, he bought a house for his “friend and confidante” Anne Wyatt.  Mr Boycott told the court he allowed Mrs Wyatt to live in the house rent-free, for the course of her lifetime. They were listed on the deeds as joint tenants.
But when Mrs Wyatt died in 2009, aged 82, her half of the house went to her estate instead of to Mr Boycott. To Geoff’s “huge surprise”, he discovered that Mrs Wyatt had changed the agreement in 2007 to“tenants in common” so that she could leave her share of the property to her heirs.
Property ownership is always a difficult one for clients to understand many do not even know there are two different ways to own property and that if owned as joint tenants i.e. the property automatically goes to the survivor on death, it can easily be changed to tenants in common by a simple Deed of Variation without having to seek the permission of the other party.
Now Mr Boycott is seeking a sum equal to half the value of the house, he said he had never been advised that Mrs Wyatt could “sever” their agreement in such a way. “If I had known either one of us could do that, I wouldn’t have gone ahead,” he said.
He claimed that if lawyers had done their job properly when drawing up the original agreement, the property would have become his outright upon her death. Expressing his frustration with legal jargon, he said to Mr Justice Vos: “Us ordinary people are meant to get a fair deal from the law. How are ordinary people expected to understand when it’s double-Dutch like this?
He described the idea of joint tenancies as “ridiculous”.

This highlights the need for people to seek professional advice when wanting to bequeath property in their Will and to explore the implications of what they are doing.