PROPERTY LAW ACT 1958 - SECT 251 Power to tenants in tail in possession to dispose of land by specific devise or bequest
PROPERTY LAW ACT 1958 - SECT 251
Power to tenants in tail in possession to dispose of land by specific devise or bequest(1) A tenant in tail of full age shall have power to dispose by will by means of a devise or bequest referring specifically either to the property or to the instrument under which it was acquired or to entailed property generally—
(a) of lands of which he is tenant in tail in possession at his death; and
(b) of lands to be sold where the money arising from the sale is subject to be invested in the purchase of lands to be settled so that if purchased he would at his death have been tenant in tail in possession thereof; and
(c) of money subject to be invested in the purchase of lands of which if it had been so invested he would have been tenant in tail in possession at his death—
in like manner as if, after barring the entail, he had (either at law or in equity as the case may be) been tenant in fee-simple or absolute owner thereof at his death; but subject to and in default of any such disposition by will such lands or money shall devolve in the same manner as if this section or any corresponding previous enactment had not been passed.
(2) This section shall not extend to a tenant in tail after possibility of issue extinct and shall not render any interest which is not disposed of by the will of the tenant in tail liable for his debts or other liabilities.
(3) This section shall apply only to wills executed after the thirty-first day of December One thousand nine hundred and eighteen, or confirmed or republished after such date.
No. 3754 s. 251.