Report No. 66

5.12. Abolition of the restraint-Acts of 1935 and 1949.-

The restraint on anticipation was abolished for the future by the Law Reform etc. Act, 1935. However, the Act did not affect the validity of restraints already imposed. Since the pre-existing restraint acted as undue fetters on the wife's power of alienation unless the restraint was removable by the order of the court1, there was some hardship in practice, particularly because the restraint was not now needed by the wife for whose protection it was designed, nor was it needed by the members of her family who would be entitled to the property on her death. Ultimately, by the Married Women's (Restraints upon Anticipation) Act, 1949, all restraints, whenever imposed upon anticipation, were removed.2

1. Section 169, Law of Property Act, 1925.

2. Appendix 4.