ABSTRACT
This article considers the nature of a trust beneficiary’s rights. Specifically, it challenges a body of academic opinion that suggests it is not possible for a trust to exist where the only benefit conferred by the trust’s terms on its beneficiary is that the trustee must observe a licence for the beneficiary to use the trust property, given that a licence is only a personal right not a property interest.
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David Wilde, The nature of beneficiaries’ rights – can there be a trust to observe a licence over property?, Trusts and Trustees, https://doi.org/10.1093/tandt/ttab006. Published: 3 March 2021.
First posted 2021-03-07 14:00:09
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