Q&As

T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?

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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 13/03/2020

The following Private Client Q&A produced in partnership with Oliver Auld of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?

T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?

As a life tenant of a share of the property, S is entitled to occupy the property, so long as the purposes of the trust include making the property available for their occupation, the property is available and suitable for occupation under section 12 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). If S holds the remaining interest in the property, no one else will hold a right to reside there, although it is conceivable that there are other owners of the remaining share(s) of the property who also have a right of occupation under TOLATA 1996, s 12. TOLATA 1996, s 13 governs where there are more than one person with the

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