Co-ownership

Started by Dottie, March 12, 2017, 14:57:23

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Dottie

Does anyone have any experience of the administrative/legal process when the first co-owner of a timeshare dies?

I have recently come across an instance of a widow being asked to provide the death certificate (as you would expect) but also a certified copy of the deceased person's will, and asking for a form to be completed transferring ownership. This involves signing as both the transferor and the transferee as she already owns it.  There is a hefty fee of £115 to pay.

Given that the widow has no option other than to remain liable for the maintenance fees, due to the absence at the time of the death of an exit policy for this circumstance, it seems odd to me that she should be subjected to this.

I can understand there being a process, and a reasonable fee, when the timeshare is transferred to another party (outside of the co-ownership) upon sale, transfer or through probate on the death of the remaining co-owner.  Indeed the club constitution provides for this.  But I can see no provision in the constitution for a legal process and fee when one half of a co-ownership dies.

If it is normal practice, then all well and good I suppose.  But when my mother died my father was told by the Land Registry that there was no need to put the house in his sole name.  It could remain in the joint names and the deeds would be amended through probate upon his death.  And in this case you do actually own something! 

Perhaps one of the legal eagles could help on this?

Dottie


Raymondo111

Quote from: Dottie on March 12, 2017, 14:57:23
Does anyone have any experience of the administrative/legal process when the first co-owner of a timeshare dies?

I have recently come across an instance of a widow being asked to provide the death certificate (as you would expect) but also a certified copy of the deceased person's will, and asking for a form to be completed transferring ownership. This involves signing as both the transferor and the transferee as she already owns it.  There is a hefty fee of £115 to pay.

Given that the widow has no option other than to remain liable for the maintenance fees, due to the absence at the time of the death of an exit policy for this circumstance, it seems odd to me that she should be subjected to this.

I can understand there being a process, and a reasonable fee, when the timeshare is transferred to another party (outside of the co-ownership) upon sale, transfer or through probate on the death of the remaining co-owner.  Indeed the club constitution provides for this.  But I can see no provision in the constitution for a legal process and fee when one half of a co-ownership dies.

If it is normal practice, then all well and good I suppose.  But when my mother died my father was told by the Land Registry that there was no need to put the house in his sole name.  It could remain in the joint names and the deeds would be amended through probate upon his death.  And in this case you do actually own something! 

Perhaps one of the legal eagles could help on this?


Dottie,

I am not a legal expert but if the Timeshare ownership is in Spain and in perpetuity there is a good chance that the person you are helping could just walk away without paying any fees to exit, please let us have some more information.
Ray

lawnmower60

I do not think you would have to send a copy of the will I think they want it is to see if there any siblings that they can try to pass   the contract onto  the death certificate I can understand that may have to be notarized by a notary. If you post details of resort and country it is in and when contract was signed we maybe able to help you
Brian

jcorrea-lawyer

According to Spanish legislation when your husband/wife dies their rights/estate don't go directly to the other but to their children (if any) and the most you can have is the "usage" of his/her share. This is roughly how it would work. Anyway it seems too much to charge a fee in this situation...
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

Jancade

Yes I had this problem with Fairways Club in Tenerife , my co owner died, I sent a copy of the Death cert , but they wanted to see a will or probate as well . I went to see them in the office and explained the situation and was told that if all the paperwork was completed within one year of his death I would be able to hand back the timeshare to them , this never happened when I returned home and contacted them they refused to acknowledge that I had even been there.

Dottie

Thank you to all who have responded on the forum or by PM.  I am working my way through the comments.  Jancade, do you mean that you have been unable to exit as the sole remaining owner, even though it is stated in the Constitution that you can?

Raymondo111

Quote from: Jancade on March 29, 2017, 11:52:28
Yes I had this problem with Fairways Club in Tenerife , my co owner died, I sent a copy of the Death cert , but they wanted to see a will or probate as well . I went to see them in the office and explained the situation and was told that if all the paperwork was completed within one year of his death I would be able to hand back the timeshare to them , this never happened when I returned home and contacted them they refused to acknowledge that I had even been there.


Jancade,

I walked away from Fairways a few years back, they don't have a leg to stand on, they have never won a case in the UK Courts because they are based in the Isle of Man, back in 2010 they lost a case due to 'jurisdiction' this was well before the 2015 Supreme Court Ruling in Spain that floating weeks and 'in perpetuity' contracts are illegal.

If you just want to give up the Timeshare write to them advising that you wish to terminate quoting the 2015 Supreme Court ruling and that failure to accept your termination request will mean that you will have no choice to see them in Court where they will lose and it will cost them a lot of money.
Ray

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