Q&As

In their Will, X leaves land to their children and grandchildren, some of whom are minors, who are living at their death and attain the age of 21, if more than one in equal shares. Will X's personal representatives (PRs) be able to sell the land while some of the beneficiaries are under the age of 21? As the Will excludes section 11 of Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can X's PRs sell the property without consulting the beneficiaries or does TOLATA 1996, s 11 not apply to a specific legacy?

read titleRead full title
Published on LexisPSL on 22/10/2020

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • In their Will, X leaves land to their children and grandchildren, some of whom are minors, who are living at their death and attain the age of 21, if more than one in equal shares. Will X's personal representatives (PRs) be able to sell the land while some of the beneficiaries are under the age of 21? As the Will excludes section 11 of Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can X's PRs sell the property without consulting the beneficiaries or does TOLATA 1996, s 11 not apply to a specific legacy?

In their Will, X leaves land to their children and grandchildren, some of whom are minors, who are living at their death and attain the age of 21, if more than one in equal shares. Will X's personal representatives (PRs) be able to sell the land while some of the beneficiaries are under the age of 21? As the Will excludes section 11 of Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), can X's PRs sell the property without consulting the beneficiaries or does TOLATA 1996, s 11 not apply to a specific legacy?

For the purpose of this Q&A, we have assumed that the Will was made on or after 1 January 1997.

A minor cannot have a legal estate

Popular documents