Frequently Asked Questions - FAQs

FAQs - FAQs

The term “Joint Tenants“ or “Tenants in Common” is a term which describes the way in which two or more persons own real property (land) together. The following explains the basic differences between the two terms:

  • Joint Tenants are regarded by the law as owning the property as a whole, without any separation in each one’s share in the property. The effect of this is that on the death of one of the Joint Tenants the entire property passes automatically to the survivor(s). Such transfer of ownership to the survivor(s) cannot be altered by leaving it under a will to someone else. This form of ownership is useful where the joint tenants (often a married couple) are happy for the survivor to be the absolute owner of the property.
  • Tenants in Common are regarded by law as owning separate and distinct shares in property that they own together. Each Tenant in Common’s share may be quantified according to his/her contribution to the purchase price of the property. On the death of a Tenant in Common, his/her share in the property will become a part of his/her estate, so it may be left under a will to the surviving Tenant in Common or someone entirely different or will be distributed according to the rules of intestacy. A Tenant in Common may also mortgage their share in a property to a lender.

If you are interested in applying for citizenship by investment your application must be made using the services of a person who has been approved by the Citizenship by Investment Unit (CIU) as an Authorised Person. Deborah Brookes Mangan has been approved by the CIU as an Authorised Person. For further details on the process of application, simply email BROOKES MANGAN at brookes@sknlegal.com or sknlegal@gmail.com asking specific questions or requesting information on the process of application. For an overview or general information on the Citizenship by Investment Program, visit www.ciu.gov.kn

Intellectual Property refers to assets which are developed as a result of creations of the mind. Intellectual Property law protects rights to these creations, including musical and artistic works, phrases, designs and inventions. Intellectual Property law grants certain exclusive rights to the creator of these types of property. The following are examples of Intellectual Property rights:

  • Someone may create a design or expression to identify a product or service which differentiates it from other products or services, which that person (or the person for whom it was created) may protect by registering it as a Trademark.
  • Where a person completes an original work of art, Copyright protects the work by giving the artist the exclusive right for a specific period of time to produce copies, display publicly or sell the image, or to sell or assign these rights to others. Copyright arises inherently in the completed work of art without the need for formal registration.
  • Where a person invents a new product or process, the inventor may apply for a Patent, which once granted protects the invention for a period of time. The successful applicant for a patent (or his/her assignee) will be granted exclusive rights to make, use or sell the product or process during that period, preventing others from doing the same without written permission.

Many people think that a will should be drafted only when the testator or testatrix is either elderly or is suffering from a life-threatening illness. It is wise to have a will executed if you own property and you want that property to go to specific people in your life. If you own property (whether real property – land or a home, personal property such as money in a bank account, furniture or jewelry, or certain intellectual property rights) and you don’t have a will, your property will be divided according to the Intestates Estate statute. Further, you can make a statement in your will leaving clear evidence of your wishes, such as instructions for the care and custody of your minor children in the case of your death. It is advisable to have your will drafted professionally by a lawyer who can advise on all aspects of the will once you have decided how you wish to divide your estate, but you do have the option of drafting your own will. Persons who wish to draft their own wills should note, however, that there are very specific rules regarding (i) the interpretation of clauses in your will and (ii) the execution of a will - which if not followed may invalidate the will.

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