2a) in advising Horace and phyllida on whether they can insist that Liz leaves No. 5, we will state the issues which are whether or not Horace and phyllida possess the right to do so? Based on the ‘TOLATA Act 1996 section 12(1) ’, Liz has the legal right to occupy No. 5 as a beneficiary of the trust. Therefore, Horace and phyllida will not be successful on insisting that she leaves No. 5. Though, the trustee which is Horace and phyllida have the power according to TOLATA Act 1996 section 13 (1) ‘Where two or more beneficiaries are (or apart from this subsection would be) entitled under section 12 to occupy land, the trustees of land may exclude or restrict the entitlement of any one or more (but not all) of them.
(2)Trustees may not under subsection (1)— (a)Unreasonably exclude any beneficiary’s entitlement …show more content…
5 but they could impose reasonable conditions such as, keeping the environment clean etc. Also, Liz could be excluded in relation to section 9 if she is not a person of full age and capacity.
(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 previous exercise by the trustees of those powers would be) entitled to occupy the land under section 12.’ Also, from the criteria listed in the act section (13) (4) we can identify that the intention of the father who created the trust was so ‘his children need not worry about having a home or an income to fall back on’. Also, the purpose for which the land is held was in trust for all four of them as tenants in common. Based on the criteria listed in the act, Horace and phyllida do not have to power to explore on
(2)Trustees may not under subsection (1)— (a)Unreasonably exclude any beneficiary’s entitlement …show more content…
5 but they could impose reasonable conditions such as, keeping the environment clean etc. Also, Liz could be excluded in relation to section 9 if she is not a person of full age and capacity.
(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 previous exercise by the trustees of those powers would be) entitled to occupy the land under section 12.’ Also, from the criteria listed in the act section (13) (4) we can identify that the intention of the father who created the trust was so ‘his children need not worry about having a home or an income to fall back on’. Also, the purpose for which the land is held was in trust for all four of them as tenants in common. Based on the criteria listed in the act, Horace and phyllida do not have to power to explore on