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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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At what point does the benefit of an inherited property transfer

Resolved Question:

At what point does the benefit of an inherited property transfer to the person inheriting it?

Situation: Two people living together as "life partners" - they live in a property together. The property is owned outright by one of the partners who writes a will in which he leaves the property in its entirety to the other partner. He has various other assets which are left to a number of other people including sufficient funds to meet any debts. He dies.

At what point do the benefits associated to that property transfer. Am I right in thinking that this would be at the point of death - all be it that there is a process to go through to properly execute the legals around the death and the will.

If it is at the point of death then again I assume that no other party (the executors of the will) would have the right to impose a rent on the partner that continues to live in the property pending the completion of the legalities around the inheritance.

Is that a correct assumption?


If that assumption is correct the presumably the responsibility for paying regular bills - service charge and so forth would become the responsibility / debt of the partner remaining in the building?

Is that a correct assumption?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

You are correct in that the Estate/Executors can not charge any rent to the surviving partner as the legacy of the property comes into being at the date of death.

Likewise, any debts after the partner's death are the responsibility of the surviving partner as they are living in the property.

I hope this assists but please let me know if you require any further clarification.

Kind Regards
AL
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