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Question 1: Critically evaluate the extentto which the Trusts of Land and Appointment of Trustees Act 1996 has broughtabout improvements in the law.
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Question 1: Critically evaluate the extent to which the Trusts of Land and Appointment of Trustees Act 1996 has brought about improvements in the law. There are two main changes in which the Act has brought about since its introduction. It firstly allows existing settlements to continue, but prevents any new strict settlements to be created. The Trusts for sale have been abolished and any existing ones have been converted to Trusts of land. Secondly the rights of beneficiaries have been made clearer and new powers have been created to give more power to the trustees of land. Trusts of the proceeds of sale of land in relation to orders the court may make in section 30 of the L.P.A have now been replaced under section 14 of TOLATA. The trusts created are not specific and can be express, implied, resulting or constructive trusts. TOLATA will affect five main points of the old law; that is 1....
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