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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?
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).
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