Q&As

A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's house for his life time and during this time shall be responsible for payment of all utility bills relating to the house. What measures can be put in place by the Trustees to make sure that the life tenant: 1) keeps the property in good repair and condition, and 2) pays all utility bills?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 26/04/2016

The following Private Client Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's house for his life time and during this time shall be responsible for payment of all utility bills relating to the house. What measures can be put in place by the Trustees to make sure that the life tenant: 1) keeps the property in good repair and condition, and 2) pays all utility bills?

A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's house for his life time and during this time shall be responsible for payment of all utility bills relating to the house. What measures can be put in place by the Trustees to make sure that the life tenant: 1) keeps the property in good repair and condition, and 2) pays all utility bills?

The Trust referred to is an interest in possession trust. The life tenant is entitled to live in the property for their lifetime and is obliged, under the terms of the trust to be responsible for all utility bills. The tenant for life is, of course, not obliged to live there but could live elsewhere and take the rents and profits from the property. Either way, they will be responsible for the payment of outgoings which should be paid out of income. There is no reference in the trust deed to the liability for repairs but assuming that the property was in good repair at the date of the trust the life tenant is primarily liable to repair. They cannot take the benefit of living in the property or taking its rents and profits without bearing the burden of the liability for outgoings and repairs.

The question is really a practical one more

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