New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 29B

29B Restrictions on executory limitations

(1) Where there is a person entitled to:

(a) land for an estate in fee simple or for any less estate or interest, or

(b) any other property,

with an executory limitation over on default or failure of all or any of the person’s issue, whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of eighteen years of the class on default or failure whereof the limitation over was to take effect.

(2) This section applies where the executory limitation is contained in an instrument coming into operation after the first day of July one thousand nine hundred and twenty save that, as regards instruments coming into operation before the commencement of the Conveyancing (Amendment) Act 1930 it only applies to limitations of land for an estate in fee, or for a term of years absolute or determinable on life, or for a term of life.

(3) This section as amended by the Minors (Property and Contracts) Act 1970 applies where the executory limitation is contained in an instrument coming into operation after the commencement of that Act.