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COMMISSIONER FOR OATHS

In many applications to Court, the applicant must file evidence to support their application.  In the majority of cases, for example, applications to the Probate Registry must be supported with evidence in the form of an Oath or Affidavit.

Once an individual makes a sworn Oath or Affidavit, then should it later be discovered that the contents are false, a criminal offence has been committed and that person will be liable to prosecution for perjury. Fidelis Legal Services are pleased to be able to assist by administering Oaths.

CONVEYANCING

It can often be beneficial to change the legal or equitable ownership of a property for estate planning purposes or to simply clarify the intended legal position in respect of a beneficial interest in the property. This can be effected by transferring the legal title of a property or producing a Declaration of Trust over the property to protect a beneficial interest.

PROPERTY TRANSFERS

 

The highly trained and qualified team at Fidelis Legal Services can assist with transfers of property.  A transfer of equity is a legal process which results in a change of the legal ownership of a property without there being an actual sale of the property itself.  This could include the addition of an owner, or the removal of an owner; or it could be a transfer of property into trust.

                                                           

Fidelis Legal Services will be able to provide the appropriate advice and draft the relevant documents for submission to Her Majesty’s Land Registry.

DECLARATIONS OF TRUST

A declaration of trust confirms the true ownership of a property in the proportions contributed by each party regardless of the title entries at the land registry. It can allow an owner not protected by being a registered owner of a property at the land registry to actually be an owner and be protected as such. The declaration of trust can be noted at the land registry, alerting future purchasers that the registered owner is not alone in owning the property.

It may also be the case that a couple buying a property are doing so by putting in unequal amounts of money. For example, Mr Smith and Miss Jones are buying a property together, but are providing different contributions to the purchase price. They wish their contributions to be reflected in a legal document. Mr Smith is to own 60% and Miss Jones is to own 40%. Upon sale they will get a respective share of the net proceeds. A declaration of trust for tenants in common records each person's contribution and therefore the proportions of the property they own.

Fidelis Legal Services can provide assistance and advice in this regard and are able to create your declaration of trust.

NEW REGISTRATIONS

A first registration of any unregistered property is now compulsory where there is a change of legal ownership. This can be due to a transfer, the death of the legal owner or because the property is being transferred to trustees under the terms of a trust. Whether a registration is compulsory or voluntary, Fidelis Legal Services can assist in drawing up the necessary documentation and submitting the deeds to the Land Registry.

SEVERANCE

It can sometimes be prudent, especially when estate planning to sever the tenancy of a jointly held property.  If a couple own a property as joint tenants, then after first death, the property is owned 100% by the surviving tenant.  This is not always the best outcome.

 

It could well be that you still own a property as joint tenants with an ex-spouse or ex-partner and it would not be your intention to pass your share of the property on to them when you die; but if you were to pass away first, then this is exactly what would happen.  When you own a property as joint tenants, your share of the property does not pass into your estate following your death, but automatically passes to the surviving tenant.

 

By severing the tenancy you would now own a defined percentage of the property that would pass into your estate following your death and so could now be left via instructions in your Will; thus ensuring that the person or persons you want to inherit your share do so.

 

The qualified and highly trained team at Fidelis Legal Services will be able to advise you accordingly and draft the appropriate paperwork to submit to HMLR to protect your share of the property.

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