The owner of the Flat is single, unmarried and have no family. He has 2 sisters and one brother and all of them are not in good terms with the owner of the Flat. The owner of the Flat wants to give 50% ownership of his Flat to his nephew and the remaining 50% will be retained by the Flat owner.
The owner of the Flat also wants to ensure that after his death the remaining 50% of the Flat ownership automatically gets transferred to his nephew without any hassle of any lengthy paper-work and without any need for the nephew to obtain probate, succession certificate or release deed from other legal heirs.
Because there is no good relationship and family disputes, even though if the Will is strongly made in favour of the nephew it is most likely to be challenged by other legal heirs, after the death of the Flat owner the nephew cannot afford to waste time, money in obtaining testamentary documents, undergo lengthy and expensive court proceedings, litigation, trials and disputes to Will etc.
Both the nephew and the Flat owner are aware of this situation and wants to ensure that the remaining 50% Flat ownership goes smoothly to the nephew without any legal challenges or hurdles and without any need of getting testamentary document after the death of Flat owner to transfer remaining 50% ownership to the Nephew.
Can someone please advise what legal documents must be prepared by the Flat owner to:
- First transfer 50% flat ownership to his Nephew so that the nephew becomes the joint owner of the Flat with atleast 50% ownership. AND
- Secondly any document to be prepared, process/procedure to be followed so that the balance 50% Flat ownership automatically passes to his nephew and bypassing the requirement of getting testamentary documents and without any objection being raised by the Society to transfer balance 50% to the joint owner- nephew.
