Will Trust and no remainderman

Hi all
I am dealing with a Will trust which started in 1972. The entire estate was left to the deceased’s children for their lifetime. On death of the children there was a successive life interest for X. On X’s death, the remainderman are X’s sons. X did not have any children and so there are no remainderman. Am I right in thinking that a partial intestacy therefore arises and the rules of intestacy now apply to the deceased’s Will?
Thanks

Yes, in these circumstances I believe a partial intestacy will arise. The rules applicable, and the beneficiaries enttled will be those as at the date of death of the original testator. Accordingly, the beneficiaries will include the estates of the deceased children as well as grandchildren being the issue of any children who died before the testator.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

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Thanks very much for your response, Paul.

Hi Paul, I understand you are a bit of an expert on Settlements under the Settled Land Act. This Trust is a settlement under the Settled Land Act. The property was assented to the Tenant for Life who has just died. The property is unregistered. Can the PRs of the Tenant for Life who has just died sell the property, rather than having to assent the legal title in the current Tenant for Life (as any assent would trigger first registration) which, with current Land Registry, timelines would take around 15 months to complete so want to avoid that if possible? Thanks.

As the strict settlement continues, the SLA trustees are the persons entitled to a grant in respect of the settled land – the deceased tenant for life’s executors should apply for a grant save and except” the settled land. If the executors seek a grant covering the settled land also, then they will be perjuring themselves as the statement of truth they sign includes the statement that there is no land passing under the grant which is settled land (which will be incorrect).

Once the SLA trustees have obtained their limited grant, technically any dealing with the land are frozen until the land is vested in the new tenant for life. I say technically, as this does not appear to have prevented SLA trustees selling or letting the land in many instances. However, if the SLA trustees want to deal with the land, I would recommend that they ensure the new tenant for life consents to any dealings, and they have satisfactory evidence in writing of such agreement as it would generally be the tenant for life (and their successors) who could raise objection to any transactions , which could also impugn the title of any purchaser.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

Hi Paul, after doing some more research I had realised a separate Grant would be needed. Thank you for confirming my thinking, it is always reassuring! I think, practically, getting the tenant for life to consent would be the quickest way to deal with matters as the house is falling into disrepair and really does need to be sold sooner rather than later. Thanks so much.