Introduction - Protection of Purchasers from Trusts Interests

4 important questions on Introduction - Protection of Purchasers from Trusts Interests

Where a trust deed requires the purchaser to obtain the consent of the beneficiaries before purchase, how many consents should the purchaser obtain under s10(1) of the 1996 Act?

The purchaser should obtain the consent of two beneficiaries.

Do the purchasers have to obtain the consent of one of the beneficiaries if they are not of full age (s10(3) of the 1996 Act)?

If one of the beneficiaries is underage, the purchaser does not have to obtain their consent (s10(3) of the 1996 Act). E.g. beneficiaries X and Y are under age but Z is of full age, the purchaser only needs Z's consent.

Does the protection offered to the purchasers protect the trustees?

No, the trustees still have a duty to obtain the consent of the beneficiaries.
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Which types of titles do s 10 apply to?

Registered and unregistered titles.

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