We are administering a life interest trust. The terms of the trust stipulate that the life interest ends if “[the life tenant] ceases to reside in the Property as his main residence”.
We have discovered that the LT has been in a care home since October 2023 and there is an indication that his son is using the property. The son has confirmed that the LT intends to return to the property but we understand he requires live in care and the property is a very small one-bed flat.
What would the trustees need to do in order to bring the life interest to an end an obtain possession of the property? Is it simply a case of gathering sufficient to show that the LT is no longer occupying the property as his main residence?
Samir Hussain
Gregsons