They have been professional, courteous, patient, knowledgeable and have always had our needs in mind. Their father’s widow, Karen, claimed that she was the sole legal owner because she and her late husband owned the property as joint tenants. They were exceptionally efficient, and timely. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. Unlike joint tenants, tenants in common only have title to a certain percentage of the property. The court reviewed the Hansen case and determined that the mode of severance, if any, was “a course of dealing” under Rule 3. We would like to thank Mr. Matthew Stroh and Mr. Charles Wagner for their superb handling of our trust dispute.From the beginning, Matt clearly understood the dynamics in play and was able to articulate and argue the legalities of our position.The case went to mandatory mediation and on that day we were pleased that both Matt and Charles were present.As the negotiations progressed throughout the day, in mid afternoon Charles came up with brilliant strategy that brought this process to a speedy conclusion and secured an agreement with which we were very happy.We would highly recommend this firm, and in particular, Charles Wagner and Matthew Stroh to anyone in need of a strong and assertive litigation team.Christine S. I met with Charles Wagner and James Dunphy today for a sensitive family matter. The facts in Marley are as follows: Leslie divorced his first wife and married Karen in 1999. . They are realistic, straight to the point, and honest. In contrast, rule 2 is engaged where a mutual agreement to sever is claimed to exist. © 2020 Wagner Sidlofsky LLP. M5H 3M7 I contacted Mr Wagner for assistance in drafting a will. And at the time that I can’t keep it up anymore and it gets sold, or I die, then your 50 percent of the house goes-, and whatever-, goes to the estate. The Will clearly demonstrated that Leslie believed his 50% interest was his to bequeath. . When a joint tenant dies, unless he or she is the last surviving owner, his or her share accrues to the other co-owners … A joint tenancy can be converted into a tenancy in common.” (Per Perell, J. at paras. Joint tenancy is a property ownership structure between two or more co-owners in which each person owns an undivided interest of the property (called joint tenants). The main benefit of a joint tenancy is the right of survivorship which provides that when one joint tenant dies, his or her interest in the property passes automatically to the surviving joint tenant… Prior to severing the joint tenancy, the severing party must file with the court and serve on the opposing party a notice of intention to sever the joint tenancy, and then record a deed or declaration severing the joint tenancy in the official records of the county where the real estate is located. What you may have intended merely as a convenience has instead subjected the control, use and enjoyment of such asset to the potential liabilities of each Joint Tenant. There are a number of interesting aspects to this decision. Leslie: Yeah, okay, so, so, so the fact is, the fact is . So, so, I-, so everything is gonna be written. Wonderful service and would definitely recommend to others whose cases fit their profile. We have referred to a portion of the recording above. Leslie: Okay? Marie Huntington has been a legal and business writer since 2002 with articles appearing on various websites. Charles Wagner returned my call promptly and was extremely professional over the phone. The Will provided a life interest to Karen of his “one-half interest” in 28 Loretta Drive, Niagara-on-The Lake Ontario (“28 Lorretta Drive”). We could not have been happier with the resolution of our case. Also considered were three affidavits that were hearsay. If such proof were required, then rule 3 would be rendered redundant because a communicated common intention would be tantamount to an agreement. He passed away on August 28 of the same year. He has a great ability to read situations and anticipate what may come next. That I 'd come away with the following exchange: Karen: Yes, it ….... That upon his demise his interest as tenant-in-common with the exception of only one or two times insurers. 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