Section 34: Effect of future dispositions to tenants in common.

Law of Property Act 1925 · 1925 c. 20View on legislation.gov.uk

Part I: General Principles as to Legal Estates, Equitable Interests and Powers

An undivided share in land shall not be capable of being created except as provided by the Settled Land Act, 1925, or as hereinafter mentioned.

Where, after the commencement of this Act, land is expressed to be conveyed to any persons in undivided shares and those persons are of full age, the conveyance shall (notwithstanding anything to the contrary in this Act) operate as if the land had been expressed to be conveyed to the grantees, or, if there are more than four grantees, to the four first named in the conveyance, as joint tenants in trust for the persons interested in the land:

A devise bequest or testamentary appointment, coming into operation after the commencement of this Act, of land to two or more persons in undivided shares shall operate as a devise bequest or appointment of the land to . . . the personal representatives of the testator, and . . .(but without prejudice to the rights and powers of the personal representatives for purposes of administration) in trust for the persons interested in the land.

In subsections (2) and (3) of this section references to the persons interested in the land include persons interested as trustees or personal representatives (as well as persons beneficially interested).

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