Where by any instrument coming into operation after the commencement of this Act an interest in any property is expressed to be given to the heir or heirs or issue or any particular heir or any class of the heirs or issue of any person in words which, but for this section [F1(and paragraph 5 of Schedule 1 to the Trusts of Land and Appointment of Trustees Act 1996)] would, under the rule of law known as the Rule in Shelley’s case, have operated to give to that person an interest in fee simple or an entailed interest, such words shall operate in equity as words of purchase and not of limitation, and shall be construed and have effect accordingly, and in the case of an interest in any property expressed to be given to an heir or heirs or any particular heir or class of heirs, the same person or persons shall take as would in the case of freehold land have answered that description under the general law in force before the commencement of this Act.
Textual Amendments
F1Words in s. 131 inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 4(14) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2