Author Topic: Legal Term 'Beneficial Owner'  (Read 5254 times)

Offline Jane Masri

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Legal Term 'Beneficial Owner'
« on: Tuesday 02 October 12 09:07 BST (UK) »
I'm researching the history of our family house in London.  Fortunately I have an agreement signed by my great grandfather for the purchase of this house in 1931.  The vendor is selling as, 'Beneficial Owner'.  Wikepedia gives this definition, 'Beneficial owner is a legal term where specific property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 508). This often relates where the legal title owner has implied trustee duties to the beneficial owner.'

I know that the vendor was an estate agent by profession but the previous owner doesn't seem to have any family ties to this man & there's no evidence that the vendor lived in this house.  Could he have bought the house as an investment & later sold it, would that make him a beneficial owner? Can someone explain a possible scenario?

Jane
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Offline silvery

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Re: Legal Term 'Beneficial Owner'
« Reply #1 on: Tuesday 02 October 12 09:13 BST (UK) »
Someone held the legal title to the property (a sort of protection) but another person had the use of it.

A quick look on google gives this for example

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm04441.htm
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Offline silvery

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Re: Legal Term 'Beneficial Owner'
« Reply #2 on: Tuesday 02 October 12 09:18 BST (UK) »
It reminds me a bit of 'squatter's rights' where who owned the property is lost (died without anyone to inherit for eg) and so whoever lived in the property had the beneficial interest.   And could in time get the legal interest.
The estate agent might have just rented the property out until he had legal rights, when he then sold it.  I'm not sure if you can just sell beneficial ownership.   Anything's possible I suppose.   
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Offline Jane Masri

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Re: Legal Term 'Beneficial Owner'
« Reply #3 on: Tuesday 02 October 12 09:27 BST (UK) »
Thanks silvery.  I wonder if the lady who had lived there prior to the sale rented it from this guy?  The agreement also states, ' The Title shall commence with land certificate under which the vendor is registered with an absolute title'.  It was a freehold property.  Does that shed light on the circumstances?

jane
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Offline Billyblue

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Re: Legal Term 'Beneficial Owner'
« Reply #4 on: Tuesday 02 October 12 12:19 BST (UK) »
Beneficial ownership is used in investments when the real purchase doesn't want - for various reasons - his / her name on the ownership documents.

You need to have complete trust in the person / corporation in whose name the property is registered.

See Jane's last sentence in italics.

Dawn M
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Offline Jane Masri

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Re: Legal Term 'Beneficial Owner'
« Reply #5 on: Tuesday 02 October 12 14:31 BST (UK) »
Thanks Dawn but I'm still confused  :-\

Jane
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Offline Billyblue

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Re: Legal Term 'Beneficial Owner'
« Reply #6 on: Tuesday 02 October 12 15:26 BST (UK) »
In sharebroking, it's called having your shares 'nomineed'

This was / is sometimes done by elderly people who don't want to have the hassles of looking after their own paperwork.  But like I said, you'd have to have complete trust that the nominee company / person didn't sell your stuff without your authority!

It's a bit like the same principle of power of attorney.

Dawn M
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Offline avm228

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Re: Legal Term 'Beneficial Owner'
« Reply #7 on: Tuesday 02 October 12 15:32 BST (UK) »
Hi Jane

Usually the legal and beneficial interests in a property vest in the same person - they are fused.

However, sometimes the proprietary interests are separated.

So: if A holds property on trust for B, the legal interest vests in A; but B (as beneficiary under the trust) has a proprietary interest recognised in equity as a beneficial interest.

Accordingly you could not simply look to documents of legal title (title deeds, land registration etc) in order to ascertain the full picture of the proprietary interests in real property. Sometimes therefore there would be need to look at evidence of beneficial ownership and/or to seek a declaration thereof.


On to your document:

Sometimes a transfer of equity takes place between two or more co-owners.

However, in your case it sounds more as though there was an arm's-length conveyance. In that case the vendor may have been making a declaration of beneficial ownership in order to make clear that the conveyance was of the whole legal and equitable title. In order to transfer legal title, the vendor would have had to hold legal title himself.

It's not quite clear, from what you say, what the document was purporting to transfer. :) Also whether the land was registered or unregistered land following changes to the law brought about by the 1925 legislation.
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Offline Jane Masri

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Re: Legal Term 'Beneficial Owner'
« Reply #8 on: Tuesday 02 October 12 16:06 BST (UK) »
Thanks Dawn & avm228.  I think I'm getting a headache  :D
The occupant prior to this sale in 1931 was an elderly widow & her two spinster daughters.  The property in question is a Freehold premises.  What I have in my hands is an Agreement for Sale & Purchase of Freehold Premises known as ........... (the address) drawn up by the solicitors of the vendor.  It also includes a plan but no mention as to whether the land was registered or unregistered.
Perhaps the elderly widow just wanted the estate agent to deal with everything?

Jane
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