Freeholder dies - will this trigger First Right of Refusal?

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    Freeholder dies - will this trigger First Right of Refusal?

    I am a leaseholder in a block of 4 qualifying leasehold flats. The freeholder unfortunately died. It seems that his interest has now been taken up by his wife. If there has been a change of name in the freehold title deeds to reflect this change, should this have triggered first right of refusal procedures?

    #2
    No. A disposal under the terms of a will or under the law relating to intestacy is excluded.

    Comment


      #3
      Originally posted by Lawcruncher View Post
      No. A disposal under the terms of a will or under the law relating to intestacy is excluded.
      I do not believe that to be correct

      If the transfer is made pursuant to section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 then it is exempt and a transfer to a spouse is exempt - and rather generously a transfer made between couples who live as husband and wife

      But a transfer under a will to say a friend would not be covered

      Comment


        #4
        See section 4(3)(b) of the Landlord and Tenant Act 1987:

        In this Part “disposal” means a disposal whether by the creation or the transfer of an estate or interest and—

        (a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but

        (b) excludes a disposal under the terms of a will or under the law relating to intestacy;

        and references in this Part to the transferee in connection with a disposal shall be construed accordingly.

        Comment


          #5
          Originally posted by Lawcruncher View Post
          See section 4(3)(b) of the Landlord and Tenant Act 1987:

          In this Part “disposal” means a disposal whether by the creation or the transfer of an estate or interest and—

          (a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but

          (b) excludes a disposal under the terms of a will or under the law relating to intestacy;

          and references in this Part to the transferee in connection with a disposal shall be construed accordingly.
          What the clause is stating is that a surrender of a tenancy and the grant of an option or right of preemption is a disposal except where it arises under the terms of a will or as the result of intestacy

          if all transfers under a will were exempt large swaths of that section 4 would become unnecessary

          Comment


            #6
            Originally posted by sgclacy View Post
            What the clause is stating is that a surrender of a tenancy and the grant of an option or right of preemption is a disposal except where it arises under the terms of a will or as the result of intestacy
            Nice try, but no!

            (a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but

            (b) excludes a disposal under the terms of a will or under the law relating to intestacy;


            has the same effect as

            (a) excludes a disposal under the terms of a will or under the law relating to intestacy; but

            (b) includes the surrender of a tenancy and the grant of an option or right of pre-emption;


            What is excluded is a transfer to a beneficiary under a will or intestacy. A sale by personal representatives is not excluded.

            Comment

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