Entail Amendment Act 1848

1. Introductory Text

2. [1.]. Heir born after the date of any future entail may disentail the estate; born before, may do so with consent of heir next in succession, being heir apparent under the entail.

3. 2. Heir in possession under an existing entail born after 1st August 1848 may disentail; born before that date, may do so with consent of heir next in succession, being heir apparent born after 1st August 1848.

4. 3. Heir of entail under an existing entail may disentail, with certain consents.

5. 4. Heir of entail may sell, charge, lease, and feu, with the like consents as enable him to disentail.

6. 5. Heir of entail under existing entail may excamb, with certain consents.

7. 6. Provision for disclosure of entailer’s debts which affect the estate disentailed.

8. 7. Creditors in entailer’s debts, &c. using inhibition not to be affected by instrument of disentail.

9. 8. Settlements by marriage contract not to be disappointed.

10. 9. Heirs of entail not to give consent in opposition to creditors in debts now existing.

11. 10. Heir apparent under future tailzie not to give consent in opposition to his creditors.

12. 11. Creditor of an heir empowered to disentail may affect the estate for payment of his debt.

13. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. 13. Heir having obtained decree for expense of improvements may grant bond of annual rent.

15. 14. Heir in future expending money in improvements may grant bond of annual rent.

16. 15. Executor may call on heir in possession to grant bond of annual rent.

17. 16. Proceedings where improvements not executed in terms of 10 G. 3.

18. 17. No adjudication for annual rent. Annual rent, how to be recovered. Annual rent to be kept down.

19. 18. Heir of entail may charge estates by granting bond and disposition in security.

20. 19. Bonds of annual rent or of dispositions in security for improvements to operate as discharges.

21. 20. Private roads to be deemed improvements under 10 G. 3. c. 51. and under this Act.

22. 21. Provisions to younger children may be made charges upon the entailed estate.

23. 22. Heir in possession to keep down the interest on provisions to children.

24. 23. Provisions to children not to be charged without authority of court.

25. 24. Power to grant feus or long leases.

26. 25. Where entailed estate may be charged with debt, estate may be sold for payment thereof.

27. 26. Money arising from sale of estate, and trust money, may be applied in payment of entailer’s debts, &c.

28. 27. Money vested in trust for the purchase of land to be entailed may be dealt with as if it were the entailed land.

29. 28. Date of Act, &c. directing entail deemed to be date when land should have been entailed.

30. 29. Provisions to wives and children may be granted out of money vested in trust for the purchase of lands to be entailed.

31. 30. Creditor not to sell land in excess of what is necessary to pay debt affecting the estate, and re-investment of surplus.

32. 31. Guardians may consent for minors.

33. 32. Form and effect of instrument of disentail, and registration thereof.

34. 33. Applications to the court.

35. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36. 35. Procedure in court.

37. 36. Heirs to be called in proceedings under this Act.

38. 37. Excambions under the Act 6 & 7 W. 4. c. 42 may be carried through under the forms of this Act.

39. 38. Instruments of disentail to be final.

40. 39. In future entail, irritant and resolutive clauses implied in warrant to record.

41. 40. Irritancy not to affect conveyances or securities.

42. 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43. 42. Proceedings may be taken under this Act, though entail not recorded, &c.

44. 43. Entail defective in any one prohibition to be bad as to all. Scots Act 1685 c. 26.

45. 44. Instruments of disentail may be registered in the registers of sasines.

46. 45. No irritancy or forfeiture to be incurred for anything done under this Act.

47. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. 47. Act not to be defeated by trusts;

49. 48. or by life-rents.

50. 49. or by leases.

51. 50. Consents to be in writing and to be irrevocable.

52. 51. Court may make acts of sederunt.

53. 52. Interpretation of Act.

54. 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55. 1. SCHEDULE to which the foregoing Act refers

       1. Form of Instrument of Disentail

          1. At [state place] the [state date], in presence of [name...

          2. In witness whereof I and the said notary public have...

          3. [Signature of heir of entail in possession.] [Signature of notary...