Q&As

Where a property that is owned by trustees under a Will trust is occupied by a beneficiary and another occupier under a licence, but on the termination of the licence, the occupier refuses to vacate the property, how are the trustees able to evict the occupier and does the occupier have a beneficial interest in the property?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 14 September 2016
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This Q&A considers how trustees, as owners of a property under a Will trust, are able to evict an occupier of the property upon termination of a licence with the assistance of the court. For the purposes of this Q&A, we have also considered whether the occupier has a beneficial interest in the property.

A testator can by Will create a trust of property which comes into being on death. The Will should nominate trustees who will be the legal owners of the property, and specific beneficiaries or a class of beneficiaries who are entitled to occupy the property or to its income. The terms of the trust may also allow the trustees to let the property whether

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Beneficiary definition
What does Beneficiary mean?

A person who has a interest'>beneficial interest in property under a trust.

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