Succession Act 1965 section 100

Restriction on executory limitations

Section 100 restricts the operation of executory limitations in wills that attempt to redirect property to someone else if the initial beneficiary's line of descendants fails.

• Where a will gives a person land (in fee simple or a lesser interest other than a fee tail) or any interest in other property, it may include an executory limitation redirecting that property to another person if the first beneficiary's issue fail or die out.
• An executory limitation is a conditional future gift that would divert the property away from the original beneficiary's family line to an alternative beneficiary.
• Such an executory limitation becomes void and unenforceable as soon as any person is living who belongs to the class of issue whose default or failure would have triggered the redirection.
• It does not matter whether the executory limitation specifies a time period within which the issue must fail — once a qualifying descendant exists, the limitation is permanently extinguished.

---