Entail (Scotland) Act 1914
| Jurisdiction | UK Non-devolved |
| Citation | 1914 c. 43 |
| Year | 1914 |
Entail (Scotland) Act, 1914
(4 & 5 Geo. 5.) CHAPTER 43.
An Act to amend the Law of Entail in Scotland.
[10th August 1914]
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 Short title.
1. This Act may be cited as theEntail (Scotland) Act, 1914.
2 Entail Act, 1685, not to apply to future deeds.
2. The Entail Act, 1685, shall not apply to any deed relating to land in Scotland dated after the passing of this Act, the effect of which would be to entail such land, and no such deed shall be recorded in the register of entails; and any prohibition of alienation, contracting debt, or altering the order of succession, and any clause of consent to registration in the register of entails in any such deed shall be null and void:
Provided that—
3 Further facilities for disentail &c.
3. Where in any application to the Court of Session relating to an entailed estate in Scotland the value in money of the expectancy or interest therein of any heir entitled to succeed thereto has been ascertained, it shall not be necessary for the sum so ascertained to be consigned or paid into bank in name of such heir; provided that security for the amount so ascertained in favour of such heir be given over the estate which is the subject of the application postponed only to such securities, if any, as validly affect and such debts or provisions, if any, as might be made validly to affect such estate or the rents thereof, or any part of such estate or rents, at the date of such application, not being securities granted by the heir of entail in possession affecting only his life-interest; and if there be more than one such heir entitled to succeed, their securities shall rank pari passu.
4 Power to grant feus.
4. Without prejudice to any powers, whether statutory or otherwise, already enjoyed by an heir of entail in possession of an entailed estate in Scotland to grant feus of any part of such estate, any such heir in possession may, notwithstanding any prohibition or limitation in the deed of entail or in any Act of Parliament, grant feus of any part or parts of such estate, and that for such feu-duty as such heir shall think fit; but excepting from the provisions of this section the mansion house, offices garden, orchards, and policies or enclosures adjacent to or in connexion with the mansion house, in so far as such offices, garden, orchards, policies, or enclosures are necessary to the amenity of the mansion house:
Provided that it shall not be lawful for such heir of entail in possession in virtue of the provisions of this section—
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