Q&As

How can you protect a beneficiary's interest in property under a Will? I understand a residuary beneficiary cannot enter a restriction, however can a beneficiary enter a unilateral notice?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 17/06/2020

The following Wills & Probate Q&A Produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • How can you protect a beneficiary's interest in property under a Will? I understand a residuary beneficiary cannot enter a restriction, however can a beneficiary enter a unilateral notice?
  • Executors and registered land
  • Protection of interests in land
  • Notices
  • Summary

Executors and registered land

When registered land vests in executors as a result of the deceased’s death, the executors are not obliged to register that disposition, see: section 27(1)–(5)(a) of the Land Registration Act 2002 (LRA 2002). However, they may apply to have the register altered so as to update the register and have their names substituted for that of the deceased: LRA 2002, Sch 4, para 5.

An executor who is registered or entitled to be registered can exercise 'owner’s powers'. These are powers to make a disposition of any kind permitted by the general law which would include the power to sell the land or assent to a beneficiary, see: LRA 2002, ss 23–24. As a condition of a conveyance or assent the executors can require security for the discharge of duties, debt or liabilities of the estate but cannot postpone the giving of an assent if reasonable arrangements have been made for discharging such duties, debts and liabilities, see: section 36 of the Administration of Estates Act 1925.

Protection

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