ABSTRACT
Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 enacted a means of resolving disputes concerning trusts of land. The dispute may be between the trustees themselves, or between the trustees and beneficiaries or, indeed, between third parties (such as creditors) and those interested under the trust. Section 14 of the 1996 Act repeals and replaces s 30 of the Law of Property Act 1925. The section declares that any person interested in the trust property (including the trustees of land) may apply to the court for an order relating to the exercise of the trustees’ functions or declaring the extent of the beneficial interests. The application may relate to the exercise of the trustees’ powers or duties, such as consultation or obtaining consents. The jurisdiction of the court, as enacted in s 14(a), is sufficiently wide so as to enable the court to authorise the trustees to carry out their duties in a manner which would otherwise constitute a breach of trust, for example, to relieve the trustees of any obligation to obtain the consent of, or to consult, any person. But the court has no power under this section to deal with the appointment and removal of trustees.
