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SOLR_PROP

Land And Conveyancing Law Reform Act 2009

Abolition of the fee tail.

13.— (1) The creation of a fee tail of any kind at law or in equity is prohibited.

(2) Any instrument executed after the commencement of this Part purporting to create a fee tail in favour of any person vests in that person a legal fee simple or, as the case may be, an equitable fee simple and any contract for such a creation entered into before or after such commencement operates as a contract for such vesting.

(3) Where—

(a) immediately before the commencement of this Part, a person was entitled to a fee tail at law or in equity, or

(b) after such commencement, a person becomes entitled to such a fee tail,

a legal or, as the case may be, an equitable fee simple vests in that person on such commencement or on that person becoming so entitled provided any protectorship has ended.

(4) In subsection (3) “ fee tail ” includes—

(a) a base fee provided the protectorship has ended,

(b) a base fee created by failure to enrol the disentailing deed,

but does not include the estate of a tenant in tail after possibility of issue extinct.

(5) A fee simple which vests under subsection (2) or subsection (3) is—

(a) not subject to any estates or interests limited by the instrument creating the fee tail to take effect after the termination of the fee tail,

(b) subject to any estates or interests limited to take effect in defeasance of the fee tail which would be valid if limited to take effect in defeasance of a fee simple.