|
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.
|