Q&As

If a Will leaves a life interest in a property to a life tenant, what rights (if any) does the remainderman have with regard to visiting the property and undertaking work at the property while the life tenant is residing at the property?

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Published on LexisPSL on 11/09/2020

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

  • If a Will leaves a life interest in a property to a life tenant, what rights (if any) does the remainderman have with regard to visiting the property and undertaking work at the property while the life tenant is residing at the property?

If a Will leaves a life interest in a property to a life tenant, what rights (if any) does the remainderman have with regard to visiting the property and undertaking work at the property while the life tenant is residing at the property?

A life tenant under a life interest trust is entitled to the income of the life interest trust as it arises, or the enjoyment of the trust’s assets, for example occupation of property. The life tenant is not entitled to capital held for the beneficiaries in remainder on the termination of the life interest. See Practice Notes: Creation of trusts—life interest trusts and Contents of Wills—Will trusts.

As a starting point, the rights and obligations of any beneficiaries under the trust will be determined by the terms of the trust (in this case the Will).

In addition, trustees have fiduciary duties towards beneficiaries and must carry these out properly. Failure to do so results in breach of trust.

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