Enforcement of orders made under TOLATA 1996
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Enforcement of orders made under TOLATA 1996

The following Family guidance note Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Enforcement of orders made under TOLATA 1996
  • Order for sale
  • Form of order for sale
  • Methods of enforcement
  • Possession
  • Costs

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s interest in a property subject to a trust of land and/or for an order for sale of the property. Any trustee or beneficiary of the property is entitled to bring such a claim. See Practice Note: Eligibility to apply under TOLATA 1996.

Order for sale

TOLATA 1996, s 14 confers a discretion upon the court to make an order relating to the exercise by the trustees of any of their functions as it thinks fit. When determining an application for an order under section 14 (including whether to order a sale of the property) the matters to which the court is to have regard include:

  1. the intentions of the person or persons who created the trust

  2. the purposes for which the property subject to the trust is held

  3. the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as their home, and

  4. the interests of any secured creditor of any beneficiary

Therefore in considering whether to order a sale of a property subject to a trust, the court will consider the purpose of the trust. Where the property was purchased