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PROPERTY LAW ACT 1958 - SECT 192 Cases in which contingent remainders capable of taking effect

PROPERTY LAW ACT 1958 - SECT 192

Cases in which contingent remainders capable of taking effect

    (1)     Every contingent remainder (created by any instrument executed after the thirty-first day of January One thousand nine hundred and five or by any will or codicil revived or republished by any will or codicil executed after that date) in tenements or hereditaments of any tenure which would have been valid as a springing or shifting use or executory devise or other limitation had it not had a sufficient estate to support it as a contingent remainder shall in the event of the particular estate determining before the contingent remainder vests be capable of taking effect in all respects as if the contingent remainder had originally been created as a springing or shifting use or executory devise or other executory limitation.

The provisions of this subsection shall with any necessary modifications apply where a contingent remainder is granted by deed without any use.

    (2)     A contingent remainder to a son, daughter or child of any person shall in the case of a son, daughter or child born after the death of such person being the father of such son, daughter or child be valid notwithstanding that there are no trustees to preserve contingent remainders after the death of the father and before the birth of such child. This subsection shall apply to instruments made before or after the commencement of this Act.

No. 3754 s. 193.