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. 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 the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
in possession
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. 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 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. 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 the property subject to the trust or in the case of dispute, to the wishes of the majority by value.
Answer
in possession
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Parent (intermediate) annotation
Open it r home;
4. 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 <span>in possession in the property subject to the trust or in the case of dispute, to the wishes of the majority by value.<span><body><html>
Original toplevel document (pdf)
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