104 Powers not assignable, and contract not to exercise powers void

104  Powers not assignable, and contract not to exercise powers void

(1)     The powers under this Act of a tenant for life are not capable of assignment or release, and do not pass to a person as being, by operation of law or otherwise, an assignee of a tenant for life, and remain exercisable by the tenant for life after and notwithstanding any assignment, by operation of law or otherwise, of his estate or interest under the settlement.

This subsection applies notwithstanding that the estate or interest of the tenant for life under the settlement was not in possession when the assignment was made or took effect by operation of law.

(2)     A contract by a tenant for life not to exercise his powers under this Act or any of them shall be void.

(3)     Where an assignment for value of the estate or interest of the tenant for life was made before the commencement of this Act, this section shall operate without prejudice to the rights of the assignee, and in that case the assignee's rights shall not be affected without his consent, except that—

(a)     unless the assignee is actually in possession of the settled land or the part thereof

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