Commentary

16 Intention to exercise a power

POWERS OF APPOINTMENT vol 33
| Commentary

16 Intention to exercise a power

| Commentary

16 Intention to exercise a power

Subject to one exception, a failure to indicate whether or not it is intended that the power should be exercised means that, prima facie, it has not been exercised1. If, however, the intention is clear, the instrument exercising the power need not be in technical terms nor in the form of an appointment, and a memorandum or statement (subject to the requirements of the power) can amount to execution2.

In order to show an intention to exercise a power by deed, or a special power by will, the instrument must in general either refer to

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