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Abolition of the fee tail.
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13.— (1) The creation of a fee tail of any kind at law or in equity is prohibited.
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(2) Any instrument executed after the commencement of this Part purporting to create a fee tail in favour of any person vests in that person a legal fee simple or, as the case may be, an equitable fee simple and any contract for such a creation entered into before or after such commencement operates as a contract for such vesting.
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(3) Where—
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(a) immediately before the commencement of this Part, a person was entitled to a fee tail at law or in equity, or
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(b) after such commencement, a person becomes entitled to such a fee tail,
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a legal or, as the case may be, an equitable fee simple vests in that person on such commencement or on that person becoming so entitled provided any protectorship has ended.
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(4) In subsection (3) “ fee tail ” includes—
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(a) a base fee provided the protectorship has ended,
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(b) a base fee created by failure to enrol the disentailing deed,
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but does not include the estate of a tenant in tail after possibility of issue extinct.
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(5) A fee simple which vests under subsection (2) or subsection (3) is—
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(a) not subject to any estates or interests limited by the instrument creating the fee tail to take effect after the termination of the fee tail,
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(b) subject to any estates or interests limited to take effect in defeasance of the fee tail which would be valid if limited to take effect in defeasance of a fee simple.
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