Married Women's Property Act 1907

1907 CHAPTER 18

An Act to amend the Married Women's Property Act, 1882.

[21st August 1907]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

1 Dispositions of trust estates by married women.

(1) A married woman is able, without her husband, to dispose of, or to join in disposing of, real or personal property held by her solely or jointly with any other person as trustee or personal representative in like manner as if she were a femme sole.

(2) This section operates to render valid and confirm all such dispositions made after the thirty-first day of December one thousand eight hundred and eighty-two, whether before or after the commencement of this Act, but, where any title or right has been acquired through or with the concurrence of the husband before the commencement of this Act, that title or right shall prevail over any title or right which would otherwise be rendered valid by this section.

2 Settlements of a married woman's separate property.

(1) Notwithstanding section nineteen of the [45 & 46 Vict. c. 75.] Married Women's Property Act, 1882, a settlement or agreement for a settlement made after the commencement of this Act by the husband or intended husband, whether before or after marriage, respecting the property of any woman he may marry or have married, shall not be valid unless it is executed by her if she is of full age, or confirmed by her after she attains full age.

(2) But if she dies an infant any covenant or disposition by her husband contained in the settlement or agreement shall bind or pass any interest in any property of hers to which he may become entitled on her death and which he could have bound or disposed of if this Act had not been passed.

(3) Nothing in this section shall render invalid any settlement or agreement for a settlement made or to be made under the provisions of the [18 & 19 Vict. c. 43.] Infant Settlements Act, 1855.

3 Married woman entitled to prior estate to be protector of settlement alone.

(1) Where a married woman would, if single, be the protector of a settlement in respect of a prior estate, which is by virtue of the Married Women's Property Act, 1882, made her separate property, then she alone shall, in respect of that estate, be the protector of the settlement.

(2) This section applies to disentailing assurances and surrenders made after the thirty-first day of December one thousand eight hundred and eighty-two, and as well before as after the commencement of this Act.

4 Short title; commencement; construction

(1) This Act may be cited as the Married Women's Property Act, 1907.

(2) This Act shall come into operation on the first day of January one thousand nine hundred and eight.

(3) This Act shall not extend to Scotland.

(4) This Act shall be construed with the [45 & 46 Vict. c. 75.] Married Women's Property Acts, 1882, [47 Vict. c. 14.] 1884, and [56 & 57 Vict. c. 63.] 1893, and those Acts and this Act may be cited together as the Married Women's Property Acts, 1882 to 1907.