Q&As

When was the creation of new entailed interests prohibited (if at all)? If land was ever declared to be in ‘tail male’ or in ‘tail general’ what is the effect of this at law? Can such land be sold while it is ‘entailed’?

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Produced in partnership with Graham Stott of gunnercooke LLP

Published on: 04 April 2019

Practice Note: Strict settlements explains that since 1 January 1926 when the Law of Property Act 1925 came in to force, all estates tail have existed not as a legal estate in land but as an equitable interest and that since 1 January 1997 when the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came in to force, new entails may not be created although may continue to exist.

The aforementioned Practice Note also explains that entails formed an important part of the traditional form of strict

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Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.