A half-day course looking at how beneficial interest in a property impacts on debt advice. Beneficial interest is when another individual, not named on the Land Registry as having ownership of the legal estate in the property, but is (or has) contributed financially to the purchase of the property. In these cases, the individual may have established underlying ownership (a ‘beneficial’ interest). This session will focus on practical elements required to advise on how beneficial interest can impact on dealing with debts.

The session is aimed at money advisers with client experience of any of the following;

   
• Advising on Insolvency options and assisting with insolvency applications (both DROs and Bankruptcy)
   
• Advising property owning clients considering bankruptcy/subject to a bankruptcy order
   
• Advising on separation, divorce and death of a partner
   
• Charging Order applications

By the end of this course, delegates will:

• What is a beneficial interest and why it is of importance to money advisers when advising client
• The difference between legal estates, beneficial interest and a beneficial trust
• The difference between Joint Tenants and Tenants in Common
• How a beneficial interest may be established and the process to have it ratified via the courts
• Case law in establishing a percentage of beneficial interest
• Beneficial Interest in insolvency; the implications for people applying
• Protecting a partner’s interest in cases of insolvency/ Charging Order applications
• Using beneficial interest in establishing rights of occupancy on separation

Level: Specialist

CPD: 2 (technical debt advice training)

Duration: Half day

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