Life Tenant - Sole use?

Trusts Discussion
1

Hi,
Does a life tenant have exclusive use of a property or does sole / exclusive use need to be written into the Will?
Thanks

2

Hi Danielle,

The property is given to the trustees, then a clause usually states.

1.0 Allow, (my wife) to reside for life . . .

The trustees would only be allowed to offer residence to the named life tennant(s).

Richard
PFEP

3

Hi Richard,

Thank you for the reply.
It doesn’t state in the Will the life tenant has sole use. The family of the deceased are also wanting to use the property. Grand-daughter lives in Dubai and wants to stay at property when she comes home on vacation, however life tenant has advised he won’t let anyone in. Family are disputing this as Will doesn’t say sole use, but under the Settled Land Act 1925 can he claim sole use?

Many thanks
Danielle

4

Under s.12 of the Trusts of Land and Appointment of Trustees Act 1996, a life tenant has the sole right to occupy a property in the Trust if the purposes of the Trust include making the land available for his occupation. Therefore, if express rights of occupation are not included, consideration needs to be given to the wording of s.12 of the Act.

5

Hi Danielle,

Based on the facts here, I’d suggest the life tenant has sole right of occupation.

Richard
PFEP