Commentary

14 Duties of appointors in exercising powers

POWERS OF APPOINTMENT vol 33
| Commentary

14 Duties of appointors in exercising powers

| Commentary

E: EXERCISE OF POWER OF APPOINTMENT

14 Duties of appointors in exercising powers

In the case of a bare power (that is, a non-fiduciary power), there is no duty either to exercise the power or to consider exercising the power1. The appointor is free to exercise the power in any way that he wishes2. Such powers are sometimes called ‘personal powers’ and may, if the appointor wishes, be released3.

There are, however, some constraints placed on the appointor. Any appointment made must comply with any formality requirements; must not be a fraud on the power4, and nor must it be exercised for

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