Q&As

The terms of a trust give a person the right to reside in a trust property for as long as they desire. The house burned down and the beneficiary moved out. A larger replacement property was subsequently built on the same plot. The beneficiary has not occupied the replacement property, but do they have the right to occupy it?

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Published on LexisPSL on 02/07/2021

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

  • The terms of a trust give a person the right to reside in a trust property for as long as they desire. The house burned down and the beneficiary moved out. A larger replacement property was subsequently built on the same plot. The beneficiary has not occupied the replacement property, but do they have the right to occupy it?

The terms of a trust give a person the right to reside in a trust property for as long as they desire. The house burned down and the beneficiary moved out. A larger replacement property was subsequently built on the same plot. The beneficiary has not occupied the replacement property, but do they have the right to occupy it?

The rights of the beneficiary will depend on all the circumstances and, in particular, the precise terms and construction of the Will.

For example, the trust document may include provisions which restrict the right of occupation to the initial property and which exclude any

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