ABSTRACT

Since 1 January 1997 all trusts of land, apart from strict settlements created before that date, have been subject to the Trusts of Land and Appointment of Trustees Act (TLATA) 1996. Initially it was thought that this Act would make little practical impact, other than giving statutory effect to reforms which had already taken place in practice. The Act abolished the entail and forbade the creation of new strict settlements when both forms of landholding had already become virtually obsolete. Similarly the Act abolished the doctrine of conversion at a time when the doctrine continued to be relied upon only in error. Nevertheless, the new trust of land clarified many theoretical uncertainties which had bedevilled the trust for sale.