'Leaving Nothing to Chance'?: Joint Tenancies, The 'Right' of Survivorship and Unilateral Severance

The joint tenancy with its inherent right of survivorship is the most prevalent form of co-ownership in the common law world today. Most couples will be joint tenants of a family home, while relations (such as siblings) who purchase property together may opt for this arrangement. Inter vivos acquisitions aside, the huge intergenerational transfer of wealth within families on death can result in a joint tenancy, and it may also be a convenient estate planning device. The fact that property automatically vests in the surviving joint tenants on death is the reason why many people choose this form of co-ownership. However, there is one serious disadvantage. A joint tenancy is an inflexible form of landholding where relationships sour or family circumstances change over time, and co-owners want their respective `shares' of the property to pass to someone else on death. Where consensual severance is not possible, one joint tenant can sever unilaterally. The latter mechanism is vital in terms of giving effect to the wishes of the severing joint tenant, especially in situations of discord or a breakdown in relations with their fellow co-owners. However, unilateral severance also has serious implications for the non-severing joint tenant(s) who expected to inherit property through survivorship, and can impact significantly on ownership of the home and other family property. This article looks at unilateral severance as a means of subverting the right of survivorship. The focus is on personal and inter-family relationships, and the various legal issues and policy considerations associated with unilateral severance across the common law jurisdictions of Britain, Ireland, Australia, Canada, and New Zealand. It assesses the various methods of effecting unilateral severance and proposes specific measures, as well as considering novel arguments for preventing unilateral severance based on contractual agreements to the contrary and proprietary estoppel.

A experiência barroca e a identidade local na Semana Santa de Campanha, Minas Gerais

Este trabalho analisa a formação de uma sensibilidade barroca em Minas Gerais a partir da orientação participativa e altamente emotiva das festas coloniais, cujo legado se mantem presente nas festas religiosas de muitas antigas cidades mineradoras do estado. Enfocando as celebrações da Semana Santa na cidade sul-mineira de Campanha, o texto mostra como este evento anual era organizado pela Irmandade do Santíssimo Sacramento, passando então às mãos de uma comissão local após a extinção da irmandade. Se até meados do século XIX, havia músicos semi-profissionais contratados para tocar e cantar nas celebrações, a música foi assumida progressivamente por grupos de amadores. Assim, a festa passou a ser entendida como uma produção local e a cada ano a população renova o seu orgulho campanhense, ao contemplar sua capacidade de produzir um evento tão ‘maravilhoso’.

This paper analyses the formation of a baroque sensibility in the State of Minas Gerais (Brazil) that derives from the participatory and highly emotive orientation of the colonial festivals, the legacy of which is still present in many former mining towns in the region. By focusing upon the Holy Week celebrations in Campanha, a small town in southern Minas Gerais, the text shows how this annual event was organized by the Confraternity of the Holy Sacrament, but was then transferred to a local committee after the confraternity was made extinct. If up to the mid 19th century there were semi-professional musicians to perform for the celebrations, responsibility for the music was slowly taken over by amateur groups. In this way the festival came to be understood as a local affair, and each year the population renews its pride in itself for its capacity to stage such a ‘marvelous’ event.