Q&As

If a beneficiary of a lifetime discretionary trust has been occupying a property held in the names of the trustees as their principal private residence and there is a power to occupy, but the trustees have not put anything in writing to confirm this, will this (implied agreement) be enough to secure the relief?

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Published on LexisPSL on 13/09/2017

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • If a beneficiary of a lifetime discretionary trust has been occupying a property held in the names of the trustees as their principal private residence and there is a power to occupy, but the trustees have not put anything in writing to confirm this, will this (implied agreement) be enough to secure the relief?

If a beneficiary of a lifetime discretionary trust has been occupying a property held in the names of the trustees as their principal private residence and there is a power to occupy, but the trustees have not put anything in writing to confirm this, will this (implied agreement) be enough to secure the relief?

Trustees' powers are to be formally exercised in the manner required by the general law or the terms of the trust, if and to the extent that these so stipulate. Otherwise, in principle, the settlor or testator may stipulate for whatever formalities he wishes. If these are not observed, generally the exercise is invalid (Re Hambro's Marriage Settlement). In the absence of such

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