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 LexisPSL on 14/09/2016

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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 by way of an assured shorthold tenancy or by licence. The property could be held on a discretionary trust or where the beneficiary either has an interest in possession or other absolute or contingent interest.

In the current scenario the property is occupied by a beneficiary and another occupier. The beneficiary will

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