What Happens to Your Timeshare When You Die?

Key overview

• A timeshare does not automatically end when the owner dies. In many cases the contract, and the fees, carry on.
• Ongoing maintenance fees are usually a debt of the estate, which executors must deal with before anything is shared out.
• Family members are not normally personally responsible for a loved one’s timeshare debts unless they are a joint owner or guarantor.
• You may be able to refuse a timeshare left to you in a will, but you must do so before accepting it.
• Do not pay new fees, sign transfer documents or respond to cold callers until you have taken advice.

Why so many families are asking this question

Timeshares were sold to thousands of British holidaymakers in the 1980s, 1990s and 2000s. Many of those owners are now in their seventies and eighties, and many contracts were sold to run for decades, or even “in perpetuity”. As a result, more and more families are discovering that a timeshare does not simply disappear when the owner passes away.

We regularly speak to grieving relatives who have received a maintenance fee invoice addressed to a parent who has died, or who have been told by a resort that the membership must be transferred to them. In this short video, Sarah Waddington explains what this means for families.

Does a timeshare end when the owner dies?

Usually not. Whether it ends depends on the exact wording of the contract and the type of timeshare. Many contracts say that the owner’s rights and obligations pass to their estate or their heirs. Some points-based clubs and memberships have their own rules for what happens on death, and a few will allow the membership to be surrendered.

The only way to know is to check the paperwork. If you cannot find the contract, the resort or club should be able to provide a copy.

Who pays the maintenance fees after the owner dies?

In England and Wales, any money owed under the timeshare, including fees that fall due after death, is generally treated as a debt of the estate. The executor or administrator must deal with the estate’s debts before paying out inheritances.

This is important for two reasons. First, if you are an executor, you should not simply ignore invoices, as you have a duty to deal with the estate’s debts properly. Second, if you are a family member, you are not normally personally liable for those debts from your own money. The exception is where you were a joint owner of the timeshare or signed as a guarantor.

What if the timeshare was owned jointly?

If the timeshare was owned jointly, for example by a husband and wife, the surviving owner will usually remain fully responsible for the contract and the fees. This is often when people decide that it is time to look at their options for ending the timeshare, rather than carrying on paying for holidays they no longer want or can no longer take.

Can you refuse to inherit a timeshare?

If a timeshare is left to you in a will, you can generally refuse, or “disclaim”, the gift, as long as you have not already accepted it, for example by using a holiday week or paying fees in your own name. Once a gift has been accepted, it is usually too late to disclaim it.

If the resort asks you to sign transfer documents or put the membership into your name, do not sign anything until you have taken advice. Signing could make you personally responsible for a contract you never chose.

Spanish and European timeshares

Many British owners hold timeshares in Spain, the Canary Islands and elsewhere in Europe. These contracts may be governed by local law, and in some cases local succession rules can also apply.

In Spain, timeshare law from 1999 limits most timeshare contracts to a maximum of 50 years, and the Spanish Supreme Court has ruled that many contracts sold in perpetuity after that law came into force do not comply with it. If you are dealing with a Spanish timeshare after a death, there may be grounds to challenge the contract or even recover money, so it is worth getting the contract reviewed.

Five steps for executors and families

1. Find the paperwork. Look for the original contract, membership certificates, recent invoices and any correspondence from the resort or club.
2. Notify the resort in writing. Send a copy of the death certificate and ask for a statement of any amounts owed and their written policy for deceased owners.
3. Do not pay or sign anything new yet. Avoid paying future fees, accepting a transfer or agreeing to an “exit” package until you understand your position.
4. Include it in the estate valuation. Most timeshares have little or no resale value, but they still need to be considered as part of the estate. Our article on timeshares in probate explains how to approach valuation.
5. Take legal advice. A specialist can tell you whether the contract can be ended, transferred, surrendered or challenged.

Beware of scammers targeting bereaved families

Sadly, fraudsters watch for death notices and target grieving families with calls offering to sell or cancel a timeshare for an upfront fee. These offers are almost always scams. Genuine solicitors will not cold call you, and you should never pay a fee to a company you have not checked on the Solicitors Regulation Authority or Financial Conduct Authority register.

How to stop your family inheriting your timeshare

If you still own a timeshare, the best time to deal with it is now. You can:

• look at whether your contract can be ended or challenged while you are able to deal with it yourself
• make sure your will is clear about what should happen to the timeshare (see our article on timeshare in wills)
• put a lasting power of attorney in place, so someone you trust can deal with the timeshare if you lose capacity (read our timeshare ownership and power of attorney)
• talk to your family, so they know the timeshare exists and where the paperwork is kept

How Sarah Waddington Solicitors can help

We have helped timeshare owners and their families for more than 10 years. We are authorised and regulated by the Solicitors Regulation Authority (SRA number 615030) and rated 4.6 on Google. We can:

• review the timeshare contract and explain what happens to it after a death
• deal with the resort or club on the family’s behalf
• advise executors on handling timeshare debts within the estate
• look at whether the contract can be ended, or whether there is a claim for mis-selling
• help with wills, lasting powers of attorney and probate, so the timeshare is dealt with properly

Dealing with a loved one’s timeshare? Speak to us

Losing someone is hard enough without worrying about their timeshare. Before you pay any fees, sign transfer papers or respond to cold callers, speak to our timeshare team for clear, compassionate advice.

Call 01920 481 499, email info@sarahwaddingtonsolicitors.co.uk or complete our contact form for a free, no obligation consultation.

Frequently Asked Questions