Q&As

Registered land was held by X, Y and Z on a bare trust for Z. X, Y and Z have now all died, Y being the last trustee to die. Z left the land in his Will upon the terms of a life interest trust for his son A, remainder to A’s children. A has now died. How can the land be vested in A's children?

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Published on LexisPSL on 11/03/2019

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

  • Registered land was held by X, Y and Z on a bare trust for Z. X, Y and Z have now all died, Y being the last trustee to die. Z left the land in his Will upon the terms of a life interest trust for his son A, remainder to A’s children. A has now died. How can the land be vested in A's children?
  • HM Land registry guidance

Registered land was held by X, Y and Z on a bare trust for Z. X, Y and Z have now all died, Y being the last trustee to die. Z left the land in his Will upon the terms of a life interest trust for his son A, remainder to A’s children. A has now died. How can the land be vested in A's children?

Trustees are joint tenants of the trust property. On the death of a trustee, the office passes and the trust property accrues by survivorship to the other surviving trustee or trustees. On the death of a sole or last surviving trustee, the trust property devolves upon his personal representative(s) (PRs) by virtue of sections 1 and 3 of the Administration of Estates Act 1925 (AEA 1925). Although the beneficiary of property held under a bare trust benefits from certain enhanced rights under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) (for example under TOLATA 1996, s 19), we are not aware of any authority that suggests that property held under a bare trust, as opposed to a discretionary or interest in possession trust, would be treated any differently in respect of the devolution of the legal interest in land on death.

Practice Note: Trusts of Land and Appointment of Trustees Act 1996 contains guidance regarding the

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