How trust rules apply to executors TOLATA 1996 s. 18
Applies Part I trustee powers to personal representatives handling estate land, while explicitly excluding consent, consultation, and section 14 applications.
The provisions of this Part relating to trustees, other than sections 10, 11 and 14, apply to personal representatives, but with appropriate modifications and without prejudice to the functions of personal representatives for the purposes of administration. The appropriate modifications include— the substitution of references to persons interested in the due administration of the estate for references to beneficiaries, and the substitution of references to the will for references to the disposition creating the trust. Section 3(1) does not apply to personal representatives if the death occurs before the commencement of this Act.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section extends the provisions governing trustees of land to personal representatives, such as executors and administrators, when they deal with land belonging to a deceased person's estate. It ensures personal representatives have statutory management powers over land while carrying out their administrative duties.
However, specific rules that apply to ordinary trustees are excluded for personal representatives. Personal representatives are not required to obtain consents under section 10, nor are they bound by the duty to consult beneficiaries under section 11. Furthermore, applications for court orders under section 14 cannot be made under these extended provisions against personal representatives.
When reading these land provisions for personal representatives, terms are adapted: references to beneficiaries become references to persons interested in the administration of the estate, and references to the trust disposition become references to the will. Section 3(1) does not apply if the death occurred before the Act commenced.
When it applies
- An executor managing real property while settling the liabilities and assets of a deceased person's estate
- Interpreting terms in land rules so that references to trust dispositions apply to a will
- Determining whether standard trustee powers over land apply to estate administrators carrying out administration functions
What this section does not say
- Forcing an executor to consult beneficiaries before selling estate property (excluded by section 11)
- Requiring an executor to obtain beneficiary consent for land transactions (excluded by section 10)
- Applying to court under section 14 for an order relating to estate land managed by personal representatives
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This page reproduces the text of TOLATA 1996 s. 18 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.