The nature of beneficiaries' rights—can there be a trust to observe a licence over property?. Issue 3 (3rd March 2021)

• Record Type: Journal Article
• Authors: Wilde, David
• Is Part Of: Trusts & trustees. Volume 27:Issue 3(2021)
• Page Start: 208
• Page End: 214
• Publication Date: 2021-03-03
• Subjects: Trusts and trustees -- Periodicals; 346.05
• DOI: 10.1093/tandt/ttab006
• Languages: English
• ISSNs: 1363-1780

Abstract

Abstract: This article considers the nature of a trust beneficiary's rights. Specifically, it challenges a body of academic opinion that suggests it is not possible for a trust to exist where the only benefit conferred by the trust's terms on its beneficiary is that the trustee must observe a licence for the beneficiary to use the trust property, given that a licence is only a personal right not a property interest.