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Date Posted: 05:06:22 03/07/03 Fri
Author: agree4
Subject: agree4

50
Conveyance of legal estate in land held on a trust of land to appointor now absolutely entitled under a deed of appointment1
THIS CONVEYANCE is made the ……… day of ……… BETWEEN:
(1) (name of trustee) of (address) and (name of trustee) of (address) (together referred to as ‘the Trustees’) and
(2) (name of appointor) of (address) (‘the Appointor’)
WHEREAS
(1) (name of testator) late of (address) (‘the Testator’) by his will (‘the Will’) dated (date of will) appointed the Trustees as his executors and trustees and devised all his real estate and the residue of his personal estate to the Trustees on a trust of land with full power to postpone sale and on further trust out of the proceeds of sale to pay his funeral and testamentary expenses and debts and the pecuniary legacies given by his Will, and directed his Trustees to stand possessed of the residue of the proceeds upon trust to invest them as mentioned in the Will and to pay the income of them and of the investments representing them to (name of tenant for life) for his life and after his death for such person or persons as the Appointor should by deed or deeds revocable or irrevocable or by will or codicil appoint.
(2) The Testator died on (date of death) and his Trustees proved the Will on (date of probate) in the [Principal (or) (name) District] Probate Registry.
[3259]
(3) The Trustees have paid all the Testator’s debts, funeral and testamentary expenses and the taxes payable on his death in respect of his estate and the legacies given by the Will.
(4) The Testator was at his death the owner of the fee simple absolute in possession of the property described in [the] schedule [1] below (‘the Property’) conveyed by this deed free from incumbrances.
(5) By an assent dated (date of assent) the Trustees assented to the vesting in themselves of the Property [together with other property] upon the trust of land declared by the Will.
(6) (name of tenant for life) died on (date of death) and the inheritance tax payable on his death in respect of the proceeds of sale of the Testator’s real estate has been discharged.
(7) By a deed of appointment dated (date of deed) the Appointor irrevocably appointed that the proceeds of sale of the Property should be held in trust for himself the Appointor absolutely.
[3260]
NOW THIS DEED WITNESSES as follows:
1 Conveyance
The Trustees now convey to the Appointor with limited title guarantee all that the Property to hold to the Appointor in fee simple freed and discharged from the trust contained in the Will.
[2 Acknowledgement for production
The Trustees acknowledge the right of the Appointor to the production of the documents specified in schedule 2 below and to delivery of copies of them.]
[3 Stamp duty certificate
The Trustees certify that this instrument falls within category F in the Schedule to the Stamp Duty (Exempt Instruments) Regulations 1987.]
IN WITNESS etc
SCHEDULE [1]
The Property
(describe the property)
[SCHEDULE 2
The Retained Documents
(specify the documents referred to in the acknowledgement for production)]
(signatures of trustees)
(signatures of witnesses)

1 As to stamp duty see the Information Binder: Stamp Duties [1]. However, as the conveyance is of property out of a settlement in or towards satisfaction of a beneficiary’s interest, not being acquired for money or money’s worth, but being in accordance with the provisions of the settlement, no stamp duty will be payable if the instrument is certified under the Stamp Duty (Exempt Instruments) Regulations 1987, SI 1987/516 reg 3. See clause 3 of this Form.

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