Trusts - Regulating Trusts of Land

REGULATING TRUSTS OF LAND

Under s.12 Trusts of Land and Appointment of Trustees Act (TOLATA) 1996 beneficiaries have the right to occupy a trust property provided they are entitled to occupation and the property is suitable and necessary for their occupation. Where property is unsuitable and unavailable, they are not entitled.

Those beneficiaries that are entitled under s.12 can then be excluded or restricted from occupation by the trustees via s.13 TOLATA 1996. This provision allows the exclusion of one or more beneficiaries, but not all of them. Where someone is already in occupation of the trust property then the trustees do not have the right to remove them: s.13(7) TOLATA 1996. Where the trustees exercise this function they must not do so unreasonably. The trustees must exercise such functions by having regard to the factors mentioned in s.13(4)(a)-(c) - intentions of the person who made the trust, the purpose of the trust property, and the needs and circumstances of any beneficiary entitled to occupation under s.12.

In the event of exclusion by trustees of one party, is likely to result in that beneficiary disputing this. Under s.14 TOLATA 1996 any interested party (trustees, beneficiaries, mortgagees) can make an application to…