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?
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
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