ToLATA 1996 section 11 does not apply, since the will was made before that Act was passed (see s 11(2)(b). Sections 12 and 13 do however apply and give each beneficiary the prima facie right to occupy: section 13 (6)(a) is perhaps the key here in that if any beneficiary’s right of occupation is prevented or restricted, the beneficiary in occupation may be required to compensated him or her. Requiring the payment of such compensation reflects the law as it as before 1996.
Clifford Payton
Alpha Court Chambers