Q&As

When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on the executors of the deceased landlords/trustees as well as the surviving trustees?

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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 30/07/2020

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:

  • When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on the executors of the deceased landlords/trustees as well as the surviving trustees?

When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on the executors of the deceased landlords/trustees as well as the surviving trustees?

It is worth noting that the maximum number of trustees of land permitted by statute is four (section 34(2) of the Trustee Act 1925 and section 34(2) of the Law of Property Act 1925). Trustees of a trust of land hold as legal joint tenants, irrespective of the underlying beneficial interests. Therefore, when one trustee of land dies, his legal interest vests in his surviving co-trustees by survivorship. His personal representatives acquire no rights to the legal title (with one exception) and only acquire rights to the underlying beneficial title if the trustee also held an absolute beneficial interest as tenant in common. The personal representatives of a deceased trustee of land would only become involved if he had been the last trustee. In which case, his personal representatives would have the power to appoint new trustees (who need not be themselves). It is advisable to remove the name of a deceased trustee of land from the Land Register as soon as possible, by submitting

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