Q&As

A strict settlement was created by Will in 1953 on the death of a settlor. The tenant for life (A) has now died. B would have ordinarily taken but predeceased A. The interest then passed to the eldest son of B in tail male with remainder. Male heir C survives B with his son (D). Does C take absolutely? Alternatively, does C take a life interest with D taking on his death?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 26 March 2019
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A Strict settlement is a Settlement created under the Settled Land Act 1925 (SLA 1925) and its predecessors as a device to ensure that land remained within the family. A strict settlement is a trust that is not subject to an immediate trust for sale (for example where land is gifted to a son in a Will, with the property then to be sold on his death). No trusts under SLA 1925 have been able to be created since 1 January 1997 following the coming into force of section 2 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996).

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Strict settlement definition
What does Strict settlement mean?

A settlement of land falling under the Settled Land Act 1925. It is no longer possible to create such a settlement, but some strict settlements remain in existence.

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