Jurisdiction(s):
United Kingdom

Privy Council in Flowers v Scavella: AEA 1925 s 35 not engaged on survivorship; surviving joint tenant not charged with mortgage—liability depends on mortgage terms or agreements

Published on: 12 September 2024

Published by a LexisNexis Private Client expert

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Article summary

Audrey Flowers v Bria Scavella [2024] UKPC 25

What are the practical implications of this case?

Holding the family home as a joint tenancy is widespread, and so too is a mortgage secured against it. A frequent issue is whether the surviving co-owner must redeem the mortgage, or whether the estate should meet all or part of that liability. This ruling confirms that AEA 1925, s 35 does not, of itself, impose liability on the surviving joint tenant. That is because the section operates only where the entitlement to the property comes through the deceased’s estate (eg via their Will), and not where the entitlement arises independently of it. In a joint tenancy, the survivor does not, on the other’s death, take the deceased’s share; instead, the deceased’s interest is extinguished and the survivor becomes entitled to the whole. In Audrey Flowers v Bria Scavella, that analysis was decisive of the questions before the court. That will not necessarily be true in every situation. Usually, the surviving joint tenant will be...

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