Profit a Prendre by Will

Trusts Discussion
1

I have been asked to draft a Will including a gift of land to beneficiary A but subject to a right for beneficiary B to enter the land to collect fallen timber for personal use. Essentially, client wishes to grant a profit a prendre on her death and then gift the land subject to that.

I asked the question on Practical Law and the reply I received was uncertain. I know that a profit a prendre needs to be granted by deed, but this is the case with most transfers of interests in land which can of course be made by Will and formalities completed by executors.

Does anyone have any experience of creation of a profit a prendre by Will and whether or not the transfer of rights could be completed by executors please?

Many thanks.

2

Not an answer to your question, but the testator could perhaps grant the rights to B as nominee for the testator (a la Lady Ingram) and then leave the remaining beneficial interest in the (already created) rights to B under the will.

The thorn in the side of this otherwise brilliant plan is the nuisance of registering the arrangement with the TRS.