16A voidable estate by tenant in tail in favour of purchaser confirmed by subsequent disposition of tenant in tail under this Act, but not against a purchaser without notice

16 A voidable estate by tenant in tail in favour of purchaser confirmed by subsequent disposition of tenant in tail under this Act, but not against a purchaser without notice

[Section 16 Amended by 25 Geo. V No. 78 ]

(1)  When a tenant in tail of lands under a settlement shall have created in such lands, or any of them, a voidable estate in favour of a purchaser for valuable consideration, and shall afterwards under this Act, by any assurance other than a lease not requiring registration, make a disposition of the lands in which such voidable estate shall be created, or any of them, such disposition, whatever its object may be, and whatever may be the extent of the estate intended to be thereby created, shall, if made by the tenant in tail with the consent of the protector, if any, of the settlement, or by the tenant in tail alone if there shall be no such protector, have the effect of confirming such voidable estate in the lands thereby disposed of to its full extent, as against all persons, excepting those whose rights are saved by this Act.

(2)  If at the time of making the disposition –

(a) there shall be a protector of the settlement;

(b) such protector shall not consent to the disposition; and

(c) the tenant in tail shall not without such consent be capable under this Act of confirming the voidable estate to its full extent –

such disposition shall have the effect of confirming the voidable estate so far as such tenant in tail would then be capable under this Act of confirming the same without such consent.

(3)  If such disposition shall be made to a purchaser for valuable consideration, who shall not have express notice of the voidable estate, the voidable estate shall not be confirmed as against such purchaser and the persons claiming under him.