How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

please advise difference legal estate of beneficial interest

Resolved Question:

please advise difference legal estate of beneficial interest and legal and beneficial interest
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is this in relation to a house/flat or other assets please or both?

Customer:

Hi, it is to do with land farm house and units all let out. The Judge said legal estate of beneficial interest our solicitor has altered it to legal and beneficial interest and none of the Judges, barristers and our Solicitor have noticed the difference over a five year period

Customer:

my sister was to have 15% of this plus other things

Customer:

other things given out right my brother in law said he had no money and offered 15% of his land and properties he owns jointly with his brother

Joshua :

Thanks.

Joshua :

A beneficial interest is an interest in the economic benefit of property.

Joshua :

The ownership of land in England and Wales is provided for in two ways: legal ownership and the economic benefit (commonly referred to as the beneficial ownership)

Customer:

yes that bit I did realise

Customer:

yes I realise that

Joshua :

The legal ownership is separate from the beneficial ownership and the legal owner or owners will not necessarily be the same as the beneficial owner or owners.

Customer:

yes I understand that

Joshua :

Where there is more than one legal owner the legal lowner is said to hold the beneficial interest in the property on trust for the beneficial owner(s).

Joshua :

The beneficial owner of the land will have a right to the income from the property or a share in it, and a right to the proceeds of sale of the property or part of the proceeds.

Customer:

yes I understand that

Joshua :

The above would constitute the legal definition of the distinction between the two.

Customer:

its beneficial interest

Customer:

its the difference between legal and beneficial interest and legal estate of beneficial interest I need to know.

Joshua :

Ah I see. Can you give me the context in which "legal estate of beneficial interest" was given please?

Customer:

legal and beneficial interest allows person to have income from it and % when sold is that correct

Customer:

our solicitor has been asking for legal and beneficial interest in property and land own 50% each by two brothers she is in a divorce with one brother. the court transcripts says legal estate of beneficial interest, not any business dealings in relation to the land

Customer:

all the courts have passed on it until last year when the new judge said it was not workable and through it out

Customer:

i think he has been asking for something my sister is not entitled to and it should have been 15% of her husbands part of the lands and properties. That is why I ask what is the difference

Customer:

for when he sells them

Customer:

for the last five years we have taken the husband to court as he will not sign for legal and beneficial interst as his brother intervined and said it would affect their business deals and he was not paty to agree this

Customer:

I think our solicitor has made a mistake and used the wrong wording by mistake and this is why I ask for the difference but why has nobody noticed this in five years with judges and Barristers

Customer:

My brother in laws brother's Solicitor did email our Solicitor and point the different wording but this was not taken up, I did question this difference in words but was told it was the same but feel it is totally different

Joshua :

Thanks. Just reviewing the above information.

Joshua :

thank you. The phrase "legal estate of beneficial interest" is meaningless. It is either a typo or a very significant misunderstanding of the foundation of English property law. one cannot ask for a legal estate of the beneficial interest. One either asks for "the legal AND beneficial interest" or one or the other. Certainly in this context, there would be no interest in asking for just the legal estate as this has no financial value. based on what you say above, the beneficial interest is what would be being sought or at least should be being sought.

Joshua :

if the above phrases contained on an important document of claim, it would be as well for the relevant solicitor to be contacted as a matter of urgency in order to obtain the rectification of the relevant document in order that there is no risk that the claim may fail on a technicality

Customer:

so they have made a mistake as it was correct when the Judge gave by legal estate of beneficial interest and not what our Solicitor put on the papers legal and beneficial interest, and how come none of the experts realised the mistake before now?.

Joshua :

"legal estate of beneficial interest" cannot be correct. if the judge provided for this in an order, my suspicion is it may be a typographical error on the part of administrative staff at the court. Your solicitors use of the words "legal and beneficial interest" is the correct terminology.

Customer:

Yes we have an apponit ment with him Monday he does not know I will be there, I did try and telephone regarding this matter but he got uptight and suggested we look for another Solicitor after usung him for this case since 2006 when the case started for a simple divorce, It was not easy as my brother in law is well know and has tried every way to delay things but this has not helped and after such a long divorce it has made my sister ill, we still can not see the end as it has to restart all over again.

Customer:

sorry should say legal and beneficial interest and the judge wrote legal estate of beneficial interest

Customer:

knowing their were two brothers who owned it all we could not get legal and beneficial interest as the brothet only owned 50%

Joshua :

The judge cannot have meant this - it must be a typo by court staff when they typed up the order and should have been spotted by the solicitor involved

Customer:

So c ould the Judge enforce the two brothers to sign it over

Customer:

I gather land law is very complex

Joshua :

I am afraid I do not have enough information to confirm this. If there is an order that states "legal estate of beneficial interest" must be handed over, this is meaningless and application would be required to the court for a correction of the order under the courts "slip rule" if this is just a typo. It should be possible to ascertain whether this is simply a question of the typo from the judgement commentary. If it is more than a typo and a complete misunderstanding by the judge which I would be extraordinarily surprised about, then the matter will need to return to court for a further order to be issued

Customer:

I had thought the Judge meant My sister was to have 15% of her husbands estate and be given beneficial interst in case sold she would get her money

Joshua :

If that is what was intended then reference to the beneficial interest only should have been made in the order.

Customer:

The total cost is horrendous to date and the amount originally involved as small and we wonder who is going to pay all these extra costs since 2009

Customer:

it does give the persons name and the properties in question

Customer:

it seems to me to be a right mess and not sure who is at fault

Joshua :

based upon what you say, the solicitors advice to consider looking for another solicitor may be worth considering at this point simply because based upon what you say, there is a question as to whether faith has been lost in this particular solicitor and as to whether there is a conflict-of-interest for him in continuing to advise on the case if he has indeed been negligent. The appointment of a new solicitor would give both a fresh pair advise but also the opportunity for that solicitor to review the previous solicitors work as the may be an opportunity to claim for negligence on the part of the previous solicitor if mistakes have indeed been made

Customer:

surely it would cost too much to just read the case which takes up two large suitcases of paperwork

Customer:

all we really want is for the matter to finish with what she was supposed to get and for the extra costs to be met by some one else

Joshua :

if she is content for now to remain with the existing solicitor, then from what you say, it is a question of asking the solicitor to confirm whether the court order needs to be amended under the courts slip rule because there is a typographical error on the same and if so who is attending to this and from there, enforcing the order against her ex-husband.

Customer:

but legal and beneficial means she has to deal with what goes on on the properties and land etc where the other just means she has an interest so people know it if sold

Joshua :

Legal and beneficial as you say means that she has both legal control and also a beneficial interest. All she would likely wish for is a beneficial interest being the economic value in the property. However "legal estate of beneficial interest" is meaningless.

Customer:

should say and beneficial interest the 'of' is for legal estate of beneficial interest or legal estate beneficial interest maybe the of should not be in the to read legal estate beneficial interest does that then read correct

Joshua :

I suspect you are probably correct and as above, if the typographical error is being used as an excuse by husband to delay, the solicitor will wish to consider applying to the court for a correction of the order under the courts slip rule. a slip rule can be used by court to simply rectify an obvious typographical error without the need for a further full hearing

Joshua :

the solicitor will be able to contact the court pointing out the error in the order and how it should have read and ask the court to correct the same under the slip rule

Joshua :

is there anything above I can clarify for you?

Customer:

Thanks I think this is as far as we can go, not got the difference of the two meanings but I think its the best we can do, many thanks, XXXXX XXXXX

Joshua :

a pleasure. If I can assist any further following your meeting or indeed generally, please do not hesitate contact me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

thanks have done soX

Joshua :

many thanks

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice