World Library  
Flag as Inappropriate
Email this Article

Trusts of Land and Appointment of Trustees Act 1996

Article Id: WHEBN0017486537
Reproduction Date:

Title: Trusts of Land and Appointment of Trustees Act 1996  
Author: World Heritage Encyclopedia
Language: English
Subject: Trustee Act 2000, English land law, English trusts law, Trustee, English property law
Collection: English Trusts Law, Property Law of the United Kingdom, United Kingdom Acts of Parliament 1996, Wills and Trusts in the United Kingdom
Publisher: World Heritage Encyclopedia

Trusts of Land and Appointment of Trustees Act 1996

The Trusts of Land and Appointment of Trustees Act 1996 (c 47), usually called "TLATA", is an Act of Parliament of the United Kingdom, which altered the law in relation to trusts of land in England, Wales, Scotland and Northern Ireland.


  • Background 1
  • Contents 2
  • Case Law 3
  • See also 4
  • Notes 5
  • References 6
  • External links 7


TLATA came into force on 1 January 1997 and was a result of a recognised need for reform in the part of the Law of Property Act 1925 which dealt with trusts. Some problems included the fact that it was hard to establish a trust without it coming under the auspices of the Settled Land Act 1925, which brought with it a range of problems. In particular, the co-owners of property were regarded as having beneficial interests in money and not in the land. Problems arose where partners disagreed over when they wanted to sell a property - usually in the case of separation, and this led to situations where spouses and children might find themselves homeless.

One of the key features of TLATA was to try to redress the problem above by the imposition of statutory considerations which had to be taken into account when dealing with the disposition of trusts and ordering a sale of the family home.


Particularly notable requirements come from two parts of the legislation, firstly section 14 and more importantly 15, where the requirements for consideration in determining applications are dealt with. Secondly, the imposition of section 335a in the Insolvency Act 1986.

Section 15

  1. The matters to which the court is to have regard in determining an application for an order under section 14 include -
  2. the intentions of the person or persons (if any) who created the trust.
  3. the purposes for which the property subject to the trust is held,
  4. the welfare of any minor who occupies or might reasonably be expected to occupy any land subject to the trust as his home, and
  5. the interest of any secured creditor of any beneficiary.

Insolvency Act 1986, S. 335a

(3) Where such an application is made after the end of the period of one year beginning with the first vesting under chapter IV of this part of the bankrupt's estate in a trustee, the court shall assume, unless the circumstances of the case are exceptional, that the interests of the bankrupt's creditors outweigh all other considerations.

Case Law

In 2001, in the Case of Re Shaire, Neuberger J assessed the requirements of TLATA in the light of the case before him and stated that the statute had intended "to tip the balance somewhat more in favour of families and against banks and other charges", when assessing a claim.

See also



External links

  • Text of the Trusts of Land and Appointment of Trustees Act 1996 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database
  • Commentary by Roger Horne
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.