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 LexisPSL on 26/03/2019

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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?

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

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