Q&As

Would it be reasonable to require a beneficiary to pay the costs of a mortgage while in occupation of a property by virtue of section 13 of the Trusts of Land and Appointment of Trustees Act 1996? What case law is there dealing with this issue?

read titleRead full title
Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 20/09/2018

The following Family Q&A Produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Would it be reasonable to require a beneficiary to pay the costs of a mortgage while in occupation of a property by virtue of section 13 of the Trusts of Land and Appointment of Trustees Act 1996? What case law is there dealing with this issue?

In considering the first part, which relates to the payment of the mortgage (which is provided for by section 13(5) of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)) for the occupation by a beneficiary of a property subject to a trust of land, the other relevant subparagraphs of TOLATA 1996, s 13 are:

‘(3) The trustees of land may from time to time impose reasonable conditions on any beneficiary in relation to his occupation of land by reason of his entitlement under section 12.

(4) The matters to which trustees are to have regard in exercising the powers conferred by this section include—

(a) the intentions of the person or persons (if any) who created the trust,

(b) the purposes for which the land is held, and

(c) the circumstances and wishes of each of the beneficiaries who is (or apart from any pre

Related documents:

Popular documents