Q&As

Where a property is owned jointly by husband and wife as tenants in common and on the death of the first spouse, nothing is done to transfer the property, is a grant of probate required on the second death for both husband and wife or is there a way that the executor/trustees of the second spouse can overreach the interest of the first spouse once a grant of probate is obtained for the second spouse?

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Produced in partnership with Paul Fuller of 42 Bedford Row
Published on: 15 July 2024
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When land is held by two or more persons as tenants in common and one joint owner dies, the legal estate vests in the name of the surviving owners, who hold the same on trust for themselves and the estate of the deceased.

A buyer of an estate in land will not be affected by any trusts on which the land is held if the purchase price is paid to at least two trustees, or to a trust

Paul Fuller
Paul Fuller

42 Bedford Row

2022: Legal 500 Editorial - “Tenacious in his approach” 

2021: Legal 500 Editorial - “ADR Specialist”

Paul transferred to the Bar in 2021 following a successful career as a litigation solicitor, where Paul headed up the dispute resolution team at a leading law firm.

Paul regularly acts and advises in high value, complex proceedings both in the county courts and the High Court. Paul’s expertise covers property litigation (both residential and commercial), complex contract disputes, actions in negligence, company and commercial law, insolvency proceedings and contentious probate.

Paul is an Accredited Mediator and noted as a specialist in Alternative Dispute Resolution. Paul has settled hundreds of disputes over the years, using various means, including mediation and negotiation. Paul is adept at finding solutions to seemingly entrenched matters.

Paul is qualified to represent clients on a “Direct Access” basis. 

Outside of work Paul is a CrossFit Level 1 Trainer. Paul regularly coaches fitness classes and competes (and judges) in CrossFit competitions.

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