Q&As

‘A’ has a 25% share in a property as a tenant in common and wants to settle the share onto inter vivos trusts. How can this be effected?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/05/2019

The following Private Client Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • ‘A’ has a 25% share in a property as a tenant in common and wants to settle the share onto inter vivos trusts. How can this be effected?

Where there are joint owners of a property, the legal owner (or owners) hold the beneficial interest in that property on trust for the beneficial owners. The beneficial owners can either hold as joint tenants (in which case, they each own the indivisible whole) or as tenants in common, meaning that they hold defined shares and can, for example, leave their shares by Will to whomsoever they may choose. Additionally, a tenant in common can dispose of their share to a third party, either by sale, gift, assignment or by settling the interest into a trust. Much will depend upon what A is seeking to achieve in disposing of their share and an inter vivos trust may not necessarily be the most efficient manner of disposing of

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