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Leyla Shahin-Mehrube
Leyla Shahin-Mehrube,
Category: Property Law
Satisfied Customers: 201
Experience:  Family Solicitor at WLH Solicitors
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My mother's Will bequeathed her property in France to my

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My mother's Will bequeathed her property in France to my brother and myself "in equal shares absolutely UPON TRUST to sell the same" with power to delay sale throughout our father's life. This way she bequeathed our father a life interest. Both our mother and father have since died and the property was conveyed, a translation of my mother's Will having been provided to French lawyers, to my brother and myself. My query is: would the wording "in equal shares absolutely" allow the trust for sale to arise? And if the "trust for sale" arises, do my brother and I own the property jointly? As I understand it, any wording that refers to "shares" would create a tenancy in common in the said shares/portions stated. My brother and I are concerned that under the trust for sale, we own the property "jointly" i.e. each owns the whole and 1. the right of sale prevails and worse, that the right of survivorship applies. We both have our own children. Under a trust for sale/joint ownership, if my brother dies first, I own the whole property and my children stand to gain. If I die first, my brother owns the whole property and his children stand to gain. In short, setting aside French law, can the right of survivorship apply under the terms of our mother's Will?
JA: Estate laws vary by state. What state are you in?
Customer: I and my brother are British and live in the UK. My mother's Will was made in the UK.
JA: What documents or supporting evidence do you have?
Customer: May I ask the question theoretically. If a property is bequeathed to a brother and sister "in equal shares absolutely" is the property then owned by the brother and sister as "joint tenants" (right of survivorship) or as "tenants in common" in equal shares (no right of survivorship)?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thanks.
Hello my name is Leyla and I will try to help you with your question. I would be grateful if you would award me with 5 stars so that I can be credited for my time and not the website.
It will be the laws of the country that that the property is located in that will determine how the property will be transferred. In the UK a property would usually be transferred as tenants in common in such circumstances . The way a property is held makes no difference as to the wishes of the testator as the property will still be in equal shares whether held as joint tenants or as tenants in common. A side note, France will have its own inheritance tax separately to the UK.
Customer: replied 12 days ago.
Where is the answer to my question? I understand I have paid £5. I have asked a question but I have not seen an answer. What do you mean, - rate at the top to credit the Expert?
It will be the laws of the country that that the property is located in that will determine how the property will be transferred. In the UK a property would usually be transferred as tenants in common in such circumstances . The way a property is held makes no difference as to the wishes of the testator as the property will still be in equal shares whether held as joint tenants or as tenants in common. A side note, France will have its own inheritance tax separately to the UK.
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