Enacting minor amendments and repeals (TOLATA 1996 s. 25)
TOLATA 1996 s. 25 enacts minor amendments and repeals, preserving entailed interests created before the Act and certain pre-commencement wills and estates.
The enactments mentioned in Schedule 3 have effect subject to the amendments specified in that Schedule (which are minor or consequential on other provisions of this Act). The enactments mentioned in Schedule 4 are repealed to the extent specified in the third column of that Schedule. Neither section 2(5) nor the repeal by this Act of section 29 of the Settled Land Act 1925 applies in relation to the deed of settlement set out in the Schedule to the Chequers Estate Act 1917 or the trust instrument set out in the Schedule to the Chevening Estate Act 1959. The amendments and repeals made by this Act do not affect any entailed interest created before the commencement of this Act. The amendments and repeals made by this Act in consequence of section 3— do not affect a trust created by a will if the testator died before the commencement of this Act, and do not affect personal representatives of a person who died before that commencement; and the repeal of section 22 of the Partnership Act 1890 does not apply in any circumstances involving the personal representatives of a partner who died before that commencement.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives legal effect to the statutory amendments listed in Schedule 3 and the repeals detailed in Schedule 4. It ensures minor and consequential changes take effect across existing land law legislation.
It creates savings to preserve earlier rights and dispositions. Entailed interests created prior to the commencement of the Act are not affected. In addition, amendments made in consequence of section 3 do not alter trusts under a will where the testator died before commencement, nor do they affect personal representatives of individuals who died before that time.
Specific exceptions are maintained for Chequers and Chevening statutory estates, and the repeal of section 22 of the Partnership Act 1890 does not apply to personal representatives of a partner who died before commencement.
When it applies
- Determining whether a pre-commencement entailed interest remains intact despite statutory repeals.
- Assessing whether a trust under a will is affected by section 3 where the testator died before commencement.
- Applying partnership property rules involving personal representatives of a partner who died before commencement.
- Preserving specific settlement provisions for the Chequers and Chevening statutory estates.
What this section does not say
- Resolving disputes between co-owners regarding the sale of land.
- Evaluating criteria for court decisions on trust property applications.
- Removing or appointing trustees upon beneficiary request.
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This page reproduces the text of TOLATA 1996 s. 25 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.