Prohibition or limitation against exercise of powers void
106 Prohibition or limitation against exercise of powers void
If in a settlement, will, assurance or other instrument executed or made before or after, or partly before and partly after, the commencement of this Act a provision is inserted—
purporting or attempting, by way of direction, declaration or otherwise, to forbid a tenant for life or statutory owner to exercise any power under this Act; or
attempting, or tending, or intended by a limitation, gift or disposition over of settled land, or by a limitation, gift or disposition of other real or any personal property, or by the imposition of any condition, or by forfeiture, or in any other manner whatsoever, to prohibit or prevent him from exercising, or to induce him to abstain from exercising, or to put him into a position inconsistent with his exercising, any power under this Act—
that provision, as far as it purports, or attempts, or tends, or is intended to have, or would or might have, the operation aforesaid, shall be deemed to be void.
For the purposes of this section an estate or interest limited to continue so long only as a person abstains from exercising any such power or right as aforesaid shall be and take effect as an estate or interest to continue for the period for which it would continue if that person were to abstain from exercising the power or right, discharged from liability to determination or cesser by or on his exercising the same.
Notwithstanding anything in a settlement, the exercise by the tenant for life or statutory owner of any power under this Act shall not occasion a forfeiture.
No. 3771 s. 107.
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