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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I and my late Wife held my sons home in trust for him. Were

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I and my late Wife held my sons home in trust for him. Were we the legal owners or was he still the legal owner.

Buachaill :

1. The law in the situation of a trust distinguishes between the legal ownership of property, which is the paper title written in the Land Registry or Registry of Deeds and the beneficial or true ownership of property which is who is the real owner. In the case of your sons home which was held in trust by you and your late wife, the following is the situation. Yourself and your wife were the legal owners or the paper title owners. However, the beneficial or true owners was your son. Now that your son has died, his beneficial ownership of the property means that this will form part of his estate to be distributed in accordance with his will or the rules of intestacy. Just because your son has died, this does not make you the beneficial or true owners of the property. The beneficial ownership of your son's home will now pass to his descendents who inherit either under his will or the rules of intestacy.


It was my wife who died in 2008. My son is still alive, I have not amended the trust deed yet. So is the house legally his following the death of my wife?

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