Commentary

15 Requirements of a valid exercise of a power

POWERS OF APPOINTMENT vol 33
| Commentary

15 Requirements of a valid exercise of a power

| Commentary

15 Requirements of a valid exercise of a power

There are two basic requirements which must be satisfied for the exercise of a power of appointment to be valid1:

  1. 15.1

        it must comply with any requirements stipulated in the instrument creating the power2; and

  2. 15.2

        it must sufficiently indicate an intention to exercise the power3.

There are two exceptions to the rule in Paragraph 15.1, which relate to the mode of execution of wills and deeds, and these are discussed below4. There is also one exception to the rule in Paragraph 15.2

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