Part I of the Trusts of Land and Appointment of Trustees Act 1996 Reformation or Revolution

Abstract

This paper argues that Part I of the Trusts of Land and Appointment of Trustees Act 1996 which was brought into force on the 1.1.97 whilst apparently implementing fundamental land law reforms is not as far reaching as first thought and effects a welcome reformation of the law relating to trusts of land as opposed to a revolution. Strict settlements have been swept away only to resurface in new model form, the doctrine of conversion has been abolished in connection with trusts of land but to little practical effect and despite reports of the demise of the Trust for Sale it is retained as a vehicle for land-holding. Duties on the part of the trustees to consult beneficiaries and obtain consents to the exercise of trust powers remain virtually unchanged and the various methods of creating trusts of land have been left intact under a new over-arching description of a ‘trust of land’ through which the Act's provisions apply.