The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home; 4. [...];
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The interests of any secured creditor of any beneficiary.
Tags
#co-ownership #land #law
Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home; 4. [...];
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
?
Tags
#co-ownership #land #law
Question
The court is required by s 14, in exercising its jurisdiction under that section (e.g. on whether to order a sale), to have regard to the matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home; 4. [...];
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
The interests of any secured creditor of any beneficiary.
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Parent (intermediate) annotation
Open it he matters set out in s 15 including:
1. The intentions of the person(s) who created the trust;
2. The purposes for which the trust property is held;
3. The welfare of any minors who occupy the trust land as their home;
4. <span>The interests of any secured creditor of any beneficiary. This will apply where a co- owner mortgages his share in the property;
5. The circumstances and wishes of the beneficiaries of full age and entitled to an interest in possession in
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