F61 Heir born after the date of any future entail may disentail the estate; born before, may do so with consent of heir next in succession, being heir apparent under the entail.
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F62 Heir in possession under an existing entail born after 1st August 1848 may disentail; born before that date, may do so with consent of heir next in succession, being heir apparent born after 1st August 1848.
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F63 Heir of entail under an existing entail may disentail, with certain consents. C1
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F64 Heir of entail may sell, charge, lease, and feu, with the like consents as enable him to disentail.
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F65 Heir of entail under existing entail may excamb, with certain consents. C2
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F66 Provision for disclosure of entailer’s debts which affect the estate disentailed.
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F67 Creditors in entailer’s debts, &c. using inhibition not to be affected by instrument of disentail.
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F68 Settlements by marriage contract not to be disappointed. C3
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F69 Heirs of entail not to give consent in opposition to creditors in debts now existing.
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F610 Heir apparent under future tailzie not to give consent in opposition to his creditors.
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F611 Creditor of an heir empowered to disentail may affect the estate for payment of his debt.
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12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
F613 Heir having obtained decree for expense of improvements may grant bond of annual rent.
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F614 Heir in future expending money in improvements may grant bond of annual rent.
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F615 Executor may call on heir in possession to grant bond of annual rent.
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F616 Proceedings where improvements not executed in terms of 10 G. 3.
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F617 No adjudication for annual rent. Annual rent, how to be recovered. Annual rent to be kept down.
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F618 Heir of entail may charge estates by granting bond and disposition in security.
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F619 Bonds of annual rent or of dispositions in security for improvements to operate as discharges.
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F620 Private roads to be deemed improvements under 10 G. 3. c. 51. and under this Act.
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F621 Provisions to younger children may be made charges upon the entailed estate.
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F622 Heir in possession to keep down the interest on provisions to children.
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F623 Provisions to children not to be charged without authority of court.
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F624 Power to grant feus or long leases.
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F625 Where entailed estate may be charged with debt, estate may be sold for payment thereof.
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F626 Money arising from sale of estate, and trust money, may be applied in payment of entailer’s debts, &c.
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F627 Money vested in trust for the purchase of land to be entailed may be dealt with as if it were the entailed land.
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F628 Date of Act, &c. directing entail deemed to be date when land should have been entailed.
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F629 Provisions to wives and children may be granted out of money vested in trust for the purchase of lands to be entailed.
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F630 Creditor not to sell land in excess of what is necessary to pay debt affecting the estate, and re-investment of surplus.
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F631 Guardians may consent for minors.
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C732 Form and effect of instrument of disentail, and registration thereof.
An instrument of disentail under this Act F9... shall have the effect of absolutely freeing, relieving, and disencumbering the entailed estate to which such instrument applies, and the heir of entail in possession of the same, and his successors, of all the prohibitions, conditions, restrictions, limitations, and clauses irritant and resolutive, of the tailzie under which such estate is held, and of entitling such heir in possession to alter the course of succession prescribed by such tailzie, and to alienate and dispone such estate, onerously or gratuitously, and to burden the same with debt, and to do any other act or deed in relation thereto competent by law to any absolute proprietor in fee simple: Provided always, that such instrument of disentail shall in no way defeat or affect injuriously any charges, burdens, or incumbrances, or rights or interests, of whatsoever kind or description, held by third parties, and lawfully affecting the fee or rents of such estate, or such heir in possession or his successors, other than the rights and interests of the heirs substitute of entail in or through the tailzie under which such estate is held, but that all such charges, burdens, and incumbrances, and rights and interests, other than as aforesaid, shall remain at least as valid and operative in all respects as if no such instrument of disentail had been executed or recorded.
F733 Applications to the court.
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34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F735 Procedure in court.
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F736 Heirs to be called in proceedings under this Act.
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F737 Excambions under the Act 6 & 7 W. 4. c. 42 may be carried through under the forms of this Act.
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F738 Instruments of disentail to be final.
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F739 In future entail, irritant and resolutive clauses implied in warrant to record.
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F740 Irritancy not to affect conveyances or securities.
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F742 Proceedings may be taken under this Act, though entail not recorded, &c.
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F743 Entail defective in any one prohibition to be bad as to all. Scots Act 1685 c. 26.
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F744 Instruments of disentail may be registered in the registers of sasines.
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F745 No irritancy or forfeiture to be incurred for anything done under this Act.
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46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
C447 Act not to be defeated by trusts;
Where any F10land in Scotland shall, by virtue of any trust disposition or settlement or other deed of trust whatsoever F13..., be in the lawful possession, either directly or through any trustees for his behoof, of a party of full age born after the date of such trust disposition or settlement or other deed of trust, such party shall not be in any way affected by any prohibitions, conditions, restrictions, or limitations which may be contained in such trust disposition or settlement or other deed of trust, or by which the same or the interest of such party therein may bear to be qualified, such prohibitions, conditions, restrictions, or limitations being of the nature of prohibitions, conditions, restrictions, or limitations of entail, or intended to regulate the succession of such party, or to limit, restrict, or abridge his possession or enjoyment of such F10land in favour of any future heir, and such party shall be deemed and taken to be the F14... proprietor of such F10land, and it shall be lawful to such party to make application by way of summary petition to the Court of Session, setting forth the facts, and referring to this Act, and craving the court to pronounce an act and decree declaring him F14... proprietor of such F10land, and unaffected by any such conditions, provisions, restrictions, or limitations; and the court shall proceed in such petition as may be just, and shall have power to pronounce an act and decree declaring such party to be F14... proprietor of such F10land, and unaffected as aforesaid; and such act and decree may be recorded in the register of sasines, and being so recorded shall have all the operation and effect of the most formal and valid disposition to such party, and his heirs and assignees whomsoever, of such F11land duly recorded: Provided always, that the rights of F15... all parties holding F12securities over such land, and all rights which are held independently of such trust disposition or settlement or other deed of trust, shall be as they are hereby reserved entire.
C548 or by life-rents.
F16Where any land in Scotland shall, by virtue of any deed F22..., be held in liferent by a party of full age born after the date of such deed, such party shall not be in any way affected by any prohibitions, conditions, restrictions, or limitations which may be contained in such deed, or by which the same or the interest of such party therein may bear to be qualified, and such party shall be deemed and taken to be the F22... proprietor of F17such land , and it shall be lawful to such party to obtain and record an act and decree of the Court of Session in the like form and manner and in the like terms and with the like operation and effect as is herein-before provided with reference to an act and decree of the said court in the case of deeds of trust: Provided always, that the rights of F22... all parties holding securities F18over such land , and all rights which shall be held independently of the deed by which such liferent is constituted, shall be as they are hereby reserved entire.
C649 or by leases.
Where any land F19... in Scotland shall, by virtue of any tack, assignation of tack, or other deed or writing F19..., be held in lease, either directly or through trustees for his behoof, by a party of full age born after the date of such tack, assignation of tack, or other deed or writing, such party shall not be in any way affected by any prohibitions, conditions, restrictions, or limitations which may be contained in such tack, assignation of tack, or other deed or writing, or by which the same or the interest of such party therein may be qualified, such prohibitions, conditions, restrictions, or limitations being of the nature of prohibitions, conditions, restrictions, or limitations of entail, or intended to regulate the succession of such party, or to limit, restrict, or abridge his possession or enjoyment of such land F19... in favour of any future heir: Provided always, that it shall be lawful to the proprietor of whom such lease is held to enforce any prohibitions, conditions, restrictions, or limitations contained in such tack, assignation of tack, or other deed or writing which shall have been inserted therein for the bona fide purpose of protecting the just rights and interests of such proprietor, in so far as such enforcement may be necessary in order to such protection.
F2050 Consents to be in writing and to be irrevocable.
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F2151 Court may make acts of sederunt.
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52F8 Interpretation
In this Act, the word “land” shall include all heritages.