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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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I was bequeathed a time share in this country about 10 years

Customer Question

I was bequeathed a time share in this country about 10 years ago which I do not want and cannot sell. Apparently the law has changed now and inherited time shares can be refused. I have been told that this does not effect me as it only comes into force for bequests made after this ne ruling.
If I wanted to bequeath this to my daughter whilst I am still alive, a) is this possible and b) would she be able to refuse it and hand it back to the time share committee?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
I can tell you with certainty under UK law, your daughter cannot be forced to accept the burden of the time share. Therefore the time share company will not be able to pursue her and her assets to enforce the terms of the time share unless she consents to accept it.
Whether you can bequeath it to her, depends on the terms of the time share agreement. Does it say you can?
Kind regards
Customer: replied 3 years ago.

yes the time share can be bequeathed however not sure about if this can be done whilst still alive?

Expert:  Alex J. replied 3 years ago.
Thank you.
If you want to transfer it to her it will have to be assigned or novated. Again subject to what the document says, she would have to consent to this and so would the time share company.
Does the document say anything about assigning the time share?
Kind regards