• Gifting A Property And Beneficial Interest

    By Guest on 03rd Jan 2017

    If person A gifts a property to spouse B, do they automatically retain a beneficial interest in the property? The gift was made 30 years ago, and person A has now put in an application for a restriction on the deeds of the property.

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    By Guest on 01/03/2017

    No. Provided the gift was "perfected" by a transfer then unless person A specified that the property was to be held on trust by person B for the benefit of person A (in which case it wasn't really a gift) then that's that, person A has no further claim on the property unless he or she can show the transfer was made under duress or as a result of some deception

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