Executory Limitation - Definition - Law Dictionary Home Dictionary Definition executory-limitation

Definition :

Executory limitation. A limitation of a future interest by deed or will; if by will, it is also called an executory devise. The (English) Conveyancing Act, 1882 (45 & 46 Vict. c. 39), s. 10, restricted executory limitations of land contained in an instrument coming into operation after 1st January, 1883, by the enactment:

'Where there is a person entitled to land for an estate in fee, or for a term of years absolute or determinable on life, or for term of life, with an executory limitation over on default or failure of all or any of his issue whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of 21 years, of the class on default or failure whereof the limitation over was to take effect.' See Re Booth, (1900) 1 Ch 768; Re Shrubb, 1910 WN 143.

These provisions were re-enacted by s. 134 of the (English) Land Charges Act, 1925, and extended to include executory interests in any property and apply to all executory limitations in any instrument coming into operation after 1882 except that in instruments coming into operation after 1882 but before 1926, it only applies to imitations of land in fee simple or tail or for a term of years absolute or determinable on life or term of life.