Section 28(3) of the Law of Property Act 1925 gave trustees for sale power with the consent of the beneficiaries to partition land where the proceeds of sale in equity had become absolutely vested in persons of full age in undivided shares (whether or not such shares were subject to a derivative trust). This sub-section replaces section 28(3) (the whole of which section is repealed).

In Re Brooker [1934] Ch 610 it was held that the reference in words in Section 28(3) of the Law of Property Act 1925 to "persons of full age in undivided shares" was not restricted to individuals and that it included trustees and personal representatives. The same clearly applies in relation to this sub-section since Section 22(1) expressly defines "beneficiary" as including a person who has an interest in property subject to a trust in his capacity as a trustee or personal representative. So if land is held on trust for A and B and B dies, the Trustees can partition the land between A and B's personal representatives.

All the adult beneficiaries must consent before the power can be exercised but the trustees can give the necessary consent on behalf of infant beneficiaries -- sub-section (5), replacing Section 28(4) of the Law of Property Act 1925. A purchaser need not be concerned to see that such consent has been obtained -- Section 16(1). It is perhaps slightly surprising that the Trustees can consent to the partition of the land on behalf of an infant while if an infant's consent is required to the sale of the land the trustees must obtain the consent of his parent or guardian -- Section 10(3).