22Abolition of estates tail

22 Abolition of estates tail (1) A limitation in an instrument coming into operation after the commencement of this Act that, but for this section, would create an estate tail (legal or equitable) in any land in favour of a person is to be taken to create an estate in fee simple (legal or equitable, as the case may be) in that land in favour of the person to the exclusion of: (a) all estates or other interests limited to take effect after the determination or in defeasance of the estate tail; and (b) all estates or other interests in reversion on the estate tail. (2) If, after the commencement of this Act, a person is entitled, or would but for subsection (1) be entitled, to an estate tail (legal or equitable, and whether in possession, reversion, or remainder) in any land, the person is, subject to subsection (3), to be taken to be entitled to an estate in fee simple (legal or equitable, as the case may be) in the land to the exclusion of: (a) all estates or other interests limited to take effect after the determination or in defeasance of the estate tail; and (b) all estates or other interests in reversion on the estate tail. Law of Property Act 2000 13 (3) If a person referred to in subsection (2) is a minor and the interest in the land would pass to another person in the event of the death of the minor before he or she attains the age of 18 and he or she is without issue, then the minor is to be taken to take an estate in fee simple with an executory limitation over the interest on the happening of that event in favour of the other person. (4) In this section, estate tail includes: (a) an estate in fee into which an estate tail is converted where the issue in tail are barred but persons claiming estates by way of remainder or otherwise are not barred; and (b) an estate in fee voidable or determinable by the entry of the issue in tail, but does not include the estate of a tenant in tail after possibility of issue extinct. (5) The Registrar-General may, on the lodgement of a request to him or her in the appropriate form, record the particulars in the land register that he or she considers necessary to give effect to this section.