Beneficial Interest Vs Legal Interest
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FAQ
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.
Legal interest means any interest that is represented by a document, such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien, or other similar instrument that is recorded with the County Recorder.
A registered owner or record holder holds shares directly with the company. A beneficial owner holds shares indirectly, through a bank or broker-dealer.
A beneficial owner is a person who enjoys the benefits of ownership though the property's title is in another name. Beneficial ownership is distinguished from legal ownership, though in most cases, the legal and beneficial owners are one and the same.
