Trustees of The Settlement
The role of the trustees is mainly supervisory. They generally have no powers to actively deal with the land as these powers are vested in the tenant for life. The trustees of the settlement have a more active role in two scenarios –
- Where the tenant for life is an infant, in which case the trustees can exercise that role for him until he reaches the age of majority- s.60 1882 Actor
- Where the tenant for life wishes to buy the fee simple the trustees must step into his shoes and exercise the power of sale for him – s.12 1890 Act
Section 2(8) of the 1882 Act as supplemented by s.16 of the 1890 Act identifies 5 categories of persons who qualify as trustees of the settlement:
- Trustees identified with a power of sale or a power to consent to the sale of settled land.
- Persons named in the settlement as trustees of the settlement "for the purposes of the Settled land Acts 1882-1890" – s2(8)
Categories provided by s16 of the 1890 Act:
- Section 16(1) -the trustees will be the trustees with a power of sale of other land which is subject to the same limitations as the settled land in question e.g. if a settlement includes two farms but trustees are only given a power to sell one then they will be the trustees of the settlement in relation to the other farm.
- Section 16(2) – the trustees who have a future power of sale.
- The court may appoint trustees of the settlement under s.38(1) of the 1882 Act
Read more about this topic: Settled Land Acts
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