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For example, if property is held in trust, the trustee has the legal title but the beneficiaries have the beneficial interest in equity. The beneficiaries, not the trustee, are entitled to any income from the property and will be taxed on this income and any chargeable gain arising if the property is sold.
Beneficial interest refers to a right to income or use of assets in a trust. People with a beneficial interest do not own title to the property, but they have some right to benefit from the property.
Under financial regulations, a beneficial owner is considered anyone with a stake of 25% or more in a legal entity or corporation.
Assignment of Beneficial Interest means the instrument pursuant to which a BI Seller conveys right, title and interest to the beneficial interest of a LIFT Entity to a Purchaser, the form of which is attached as Exhibit A hereto.
The most common way to create a beneficial interest is through an express trust. This is where the legal owner signs a trust deed or written agreement declaring that the legal owner holds the property 'on trust' for someone else, the beneficial owner.