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Part VIS Miscellaneous and Supplementary

29 Right of tenant to bequeath interest under lease.S

(1)A bequest by a tenant of his interest under a tenancy or lease to any one of the persons who, if the tenant had died intestate, would be, or would in any circumstances have been, entitled to succeed to his intestate estate by virtue of this Act shall not be treated as invalid by reason only that there is among the conditions of the tenancy or lease an implied condition prohibiting assignation.

(2)This section shall not prejudice the operation of section 16 of the M1 Crofters Holdings (Scotland) Act 1886 or section 20 of the M2Agricultural Holdings (Scotland) Act 1949 (which relate to bequests in the case of agricultural leases) [F1or of section 10 of the M3Crofters (Scotland) Act 1955 (which makes similar provisions in relation to crofts.)]

Textual Amendments

F1Words added by Law Reform (Miscellaneous Provisions)(Scotland) Act 1968 (c. 70), s. 8, Sch. 2 Pt. I para. 27

Marginal Citations