clause in will - legally binding?

pathway33

An aunt wants to leave her land between nephews and nieces. When her father passed on the land 30 years ago he stated orally that 'this land must never be sold'. She now wishes to put in her will that anyone who accepts the inheritance must not sell the land.

Would it be legally binding to prevent beneficiaries from disposing of their asset?

Maximilian

Those kind of clauses in Wills don't work. Ever since that damned Quia Emptores in 1290 I believe.

There are other ways to achieve it though.

Tom Young

Legal advice is best sought from a solicitor and it is a requirement of the forum charter that such advice not be given here. I suggest you take your query to a professional. Now I will leave the thread open but rely on nothing posted in reply.

Victor

On a purely practical level, it would be a bad inheritance. What if one of the inheritors is seriously ill and needs cash, not land?

lemon_sherbert

Though you should seek legal advice and not rely on my information, I would think such a clause would be void, particularly considering that from 1st December this year the new Land Reform Bill will come through, eliminating all forms of legal estate except the fee simple, any estates related to keeping land within a bloodline will not be able to be created anymore. To restrict future sales is incompatible with the transfer of a fee simple, and so your aunt would not be able to require that her children do not sell.

dermot_sheehan

There is no way to make a land inalienable,

There is a way though to tie it up for a period of time by bequeathing a life estate, with the remainder to a class of persons who are born within 21 years of the testator's death.

Unless carefully drafted such a bequest would be void or be caught by the settled land acts, in which case the person in possesion applies to a high court for an order permitting him to buy out the remainder for a capital sum.

This is the type of thing solicitors ought to be consulted for

Maximilian

gabhain7 wrote: »

There is no way to make a land inalienable,

There is a way though to tie it up for a period of time by bequeathing a life estate, with the remainder to a class of persons who are born within 21 years of the testator's death.

Unless carefully drafted such a bequest would be void or be caught by the settled land acts, in which case the person in possesion applies to a high court for an order permitting him to buy out the remainder for a capital sum.

This is the type of thing solicitors ought to be consulted for

I think Life Estates are out the window come December 1st.

pathway33

Many thanks for the replies. We will speak to a solicitor. She has accepted she cannot stop people doing what they like with their own land but feels in order to fulfil her promise to her father she should still insert in the will

'It was my fathers wish that this land should not be sold. While I realise this condition cannot be enforced on the beneficiaries, I simply make the request in memory of my father'

lemon_sherbert

Maximilian wrote: »

I think Life Estates are out the window come December 1st.

They're still going to exist in equity though