68 Provision enabling dealings with tenant for life.E+W
(1)In the manner mentioned and subject to the provisions contained in this section—
(a)a sale, grant, lease, mortgage, charge or other disposition of settled land, or of any easement, right, or privilege over the same may be made to the tenant for life; or
(b)capital money may be advanced on mortgage to him; or
(c)a purchase may be made from him of land to be made subject to the limitations of the settlement; or
(d)an exchange may be made with him of settled land for other land; and
(e)any such disposition, advance, purchase, or exchange as aforesaid may be made to, from, or with any persons of whom the tenant for life is one.
(2)In every such case the trustees of the settlement shall, in addition to their powers as trustees, have all the powers of a tenant for life in reference to negotiating and completing the transaction, and shall have power to enforce any covenants by the tenant for life, or, where the tenant for life is himself one of the trustees, then the other or others of them shall have such power, and the said powers of a tenant for life may be exercised by the trustees of the settlement in the name and on behalf of the tenant for life.
(3)This section applies, notwithstanding that the tenant for life is one of the trustees of the settlement, or that an order has been made authorising the trustees to act on his behalf, or that he is [F1suffering from mental disorder] but does not apply to dealings with any body of persons which includes a trustee of the settlement, not being the tenant for life, unless the transaction is either previously or subsequently approved by the court.
Textual Amendments
F1Words substituted by Mental Health Act 1959 (c. 72), Sch. 7 Pt. I