Started by Dottie, March 12, 2017, 14:57:23
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Quote from: Dottie on March 12, 2017, 14:57:23Does 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?
Quote from: Jancade on March 29, 2017, 11:52:28Yes 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.