Victorian Current Acts

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PROPERTY LAW ACT 1958 - SECT 252

Power to dispose of lands entailed saving the rights of certain persons

After the first day of June One thousand eight hundred and sixty-four, every tenant in tail (including a married woman) whether in possession remainder contingency or otherwise shall have full power to dispose of for an estate in fee-simple absolute or for any less estate land entailed, as against all persons claiming the land entailed by force of any estate tail which is vested in or might be claimed by or which but for some previous Act would have been vested in or might have been claimed by the person making the disposition at the time of his or her making the same; and also as against all persons whose estates are to take effect after the determination or in defeasance of any such estate tail. Saving always the rights of all persons in respect of estates prior to the estate tail in respect of which such disposition is made: Provided always that such power of disposition shall not extend to tenants in tail after possibility of issue extinct; and that nothing in this section contained shall enable any person to dispose of any land entailed in respect of any expectant interest which he or she may have as issue inheritable to any estate tail herein.

No. 3574 s. 252.

S. 253 amended by Nos 16/1986 s. 19(e), 24/2008 s. 85(1).



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