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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Situation: A property is entailed on male heirs. The current

Customer Question

Situation : A property is entailed on male heirs. The current tenant has no children. He has no siblings, or first cousins.
Q: when the current tenant dies, does the property pass automatically to a distant male cousin without a will to that effect being signed?
Situation : The heir to an entailed property, who had a legitimate son never claimed that property and disappeared. The property was claimed by his brother.
Q: When the brother dies who is the rightful heir - his son, or the son of his older brother?
Q: If the only surviving issue of a tenant for life of a property entailed originally on male heirs is female, does she inherit, or does it pass to the next male heir?
Submitted: 2 months ago.
Category: Law
Expert:  Nicola-mod replied 2 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 months ago.
Dear Nicola
If you can find someone who can give a definitive answer to my entire question within the next 24 hours, that would be most helpful. Obviously (given my address), the answer must be relevant to British and specifically English law, to be of any use. If you cannot find such an expert, I request that my deposit be reimbursed and my membership cancelled so that I can look for an expert elsewhere. I appreciate that this requires a knowledge of a slightly obscure piece of property law for which there may be little case law, but the answer is important to me.
AT
Customer: replied 2 months ago.
Receiving no response to the Q above, I posted a second question early this morning (copied below) that may help your expert to provide a more definitive answer. It would therefore be appropriate to answer this second question and cancel the one above.Basil inherited the estate, before 1925, under the old entail, the direct descendants of the previous tenant in tail and his elder brother having died.
It is now 20151. After 1925-6 Basil conveyed his entailed interest to trustees by way of disentailing assurance. They then reconveyed the resulting equitable fee simple back to him. He now owned the estate outright, with no conditions and willed the estate to his son, Percy, also with no conditions attached. On Basil’s death in 1986, Percy becomes the outright owner of the property and can sell, give away, will, or otherwise alienate any part of the property he desires.
Q: Is this scenario accurate legally speaking?2. Basil did not bar the entail during his lifetime, nor did he make a will. On Basil’s death, in 1986, his son Percy inherited the estate, becoming the life tenant under the entail. Percy conveyed his entailed interest to trustees by way of disentailing assurance. They then reconveyed the resulting equitable fee simple back to him. He now owned the estate outright, with no conditions attached and can sell, give away, will, or otherwise alienate any part of the property he desires.
Q: Is this scenario accurate legally speaking?3. Basil did not bar the entail during his lifetime. His son Percy inherited the estate in 1986, under the entail, having use of the property for his life time in fee tail. He has not barred the entail, nor has he made a will. On his death, the property will automatically pass to the next male descendant of the creator of the entail, a distant cousin who will become the tenant in fee entail, with only a life interest in the property.
Q: Is this scenario accurate legally speaking?
Q: Could the estate pass to a closer descendant - female?
OR, since Percy has no wife, no children, no siblings, parents, or first cousins alive, would the estate now pass to the Duchy of Lancaster?Q: Does the distant cousin have any rights under modern day law? That is - is the distant cousin, who would have inherited the estate under the original entail (had the law not changed in 1925) entitled to any compensation when either Basil, or Percy conveyed his entailed interest to trustees by way of disentailing assurance?
Customer: replied 2 months ago.
I shall be unavailable now until 7.00am British time
Expert:  Nicola-mod replied 2 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 months ago.
Thank you for trying. I appreciate that this is not a question you will see every day.
Your expert may find the HM.GOV site helpful - I have and am almost there on my own - possibly enough for my purposes. So if the solicitor you have found cannot answer my question clearly and confidently with in the next 5 hours - 24 from my last - I suggest that we give up.
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Can I assume that this is an historical question predated the 1925 abolition?

Customer: replied 2 months ago.
Read my question and you will see that I have already given the relevant dates. If you cannot answer the question - just say so
Customer: replied 2 months ago.
Sorry not good enough. I am about to write to customer services asking them to cancel my membership and return my deposit.
Expert:  Clare replied 2 months ago.

My apologies I was only seeking some clarification

Right

There are two lots of questions

Dealing with the original list first

1. It can no longer be entailed so no - historically yes it did

2. The property never belonged to the brother - he always held it on trust for his nephew

3. Historically no not without an Act of Parliament

Moving on to the second part

1. Yes once Basil dies it is all Percy's to leave to the Cat's home if he so desires

2. In fact the entail had already ended as a result of the 1925 Act so there is no need for him to do anything whatsoever - it is his to do with as he wishes in any event (this assumes no new settlement had been created)

3. In fact it will form part of his estate to be divided up between eligible family members

4. The lack of first cousins does not mean that there are no second cousins who may be eligible. If there are none then it will indeed revert to the crown

5. No distant cousins gave no rights at all

Please ask if you need further details

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