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Yet another land registry type question

Land, Registered Land, Planning law etc.

Re: Yet another land registry type question

Postby dls » Tue Apr 10, 2018 12:42 pm

The rule for trustees is that if they exercise a power, they must be unanimous, but if they execute a duty any one of them can insist on the action.

At the same time a majority by value of the beneficiaries (if of full age) can insist on a sale.

A trustee who fails to act when he must do so can be personally liable to indemnify the trust for its costs of enforcement.
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Re: Yet another land registry type question

Postby theycantdothat » Tue Apr 10, 2018 4:10 pm

dls wrote:At the same time a majority by value of the beneficiaries (if of full age) can insist on a sale.


I am not sure that is quite the case. Rather, the wishes of a majority by value of the beneficiaries is just one of the matters to which the court must have regard. See sections 14 and 15 Trusts of Land and Appointment of Trustees Act 1996: https://www.legislation.gov.uk/ukpga/19 ... s-of-court
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