Q&As

Can a beneficial owner of a reversionary interest assign that interest before the date of the reversion? If so, what date does the assignment take place, ie on execution of the assignment or on the date of reversion. Also, if a beneficiary of the assignment mentioned above dies before the reversion, is his estate entitled to that reversionary interest?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 29/01/2016

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a beneficial owner of a reversionary interest assign that interest before the date of the reversion? If so, what date does the assignment take place, ie on execution of the assignment or on the date of reversion. Also, if a beneficiary of the assignment mentioned above dies before the reversion, is his estate entitled to that reversionary interest?

In trust law terms, a reversionary interest is an interest that reverts back to the settlor of a trust once a beneficiary's interest has come to an end. There are a number of different types of reversionary interest capable of being granted and this Q&A focuses on one of the most common types, interests in leasehold land.

The question arises, what can a beneficiary do when seeking to dispose of their beneficial interest: whether by way of selling it, borrowing against it or giving it away. In this particular scenario, the beneficiary seeks to assign their interest to a third party without terminating or varying the terms of the original trust.

An equitable interest under a trust is itself a proprietary right, and is capable of being transferred (

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