Vesting Instrument - Definition - Law Dictionary Home Dictionary Definition vesting-instrument

Definition :

Vesting instrument, a deed, order of Court, or assent, constituting the evidence under the (English) Settled Land Act, 1925, of the title of a tenant for life or statutory owner to the legal estate in settled property as estate owner thereof. This evidence is essential for the settlement of a legal estate in land otherwise than by way of trust for sale (Settled Land Act, 1925, s. 4). The trusts are (after 1925) to be declared by a separate instrument called the Trust Instrument (see that title). Sec. 5 of the Act provides that the principal vesting deed must state:

(a) a description of the settled land;

(b) that the settled land is vested in the person or persons to or in whom it is conveyed or declared to be vested upon the trusts from time to time affecting the settled land;

(c) the names of the trustees of the settlement;

(d) any powers which are additional or larger than the statutory powers and are exercisable as statutory powers under the Act;

(e) the name of the person entitled under the trust instrument to appoint new trustees of the settlement.

References are permitted to any existing vesting instrument, but not as a rule to a trust instrument, except e.g., to a person taking title from a tenant for life under the first vesting instrument, etc. [see S.L. Act, 1925, s. 110, and see s. 5 (2)] See VESTING ASSENT; TRUST INSTRUMENT.