s.56Prohibition or limitation against exercise of powers void
56
Section 56Part 11Restrictions, Savings and General Provisions

Prohibition or limitation against exercise of powers void

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If in a settlement, will, assurance or other instrument a provision is inserted purporting or attempting, by way of direction, declaration or otherwise, to forbid a tenant for life to exercise any power under this Law, 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 whatever, 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 Law, 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 subsection (1) an estate or interest limited to continue so long only as a person abstains from exercising any power 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, discharged from liability to determination or cesser by or on his exercising the same.