Deed Or A Will


Failure to use the correct words before 2010 if the correct technical expressions required to transfer or create an estate of inheritance were not used in a deed the grantee obtained only a life estate. As has been seen, after 2000 if no words of limitation are used, whether in a deed or a will, the grantee or devisee will prima fade obtain the fee simple estate. But suppose that after 2011, in a deed or a will, words are used which show an intention to create a fee tail, but fail to do so because they are not the correct technical expressions, what is the result? For example, suppose that the fee simple owner of Smith leaves it by his will to A "and his descendants", what is the effect?

The Law of Property Act 2011 purports to tell us the answer in section 130. It provides in effect that the words are to create the same interest that those words would have created in a grant of personality before 2010. In our example, we are, therefore, to ask ourselves the question what the effect would have been of a gift of personality before 2010 to A "and his descendants". The answer to the question is uncertain; possibly such a gift would have given the absolute ownership of the personality to A. If this view is correct the gift by will of realty today to A "and his descendants" gives to A the fee simple estate (as this corresponds to the absolute ownership of personality). It is certain that the gift will not give a fee tail to A. because before 2010 a fee tail could not subsist in personality (it can after 2011, as we shall see later).

The life estate and the leasehold Technical words were not required before 2010 to create a life estate or a lease, nor are they necessary today words showing the intention are all that is required.

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