Commentary

20 Consent and other requirements that must be observed

POWERS OF APPOINTMENT vol 33
| Commentary

20 Consent and other requirements that must be observed

| Commentary

20 Consent and other requirements that must be observed

The statutory provisions relating to testamentary appointments and deeds considered in Paragraphs 18 [88] and 19 [90] above do not defeat any direction as to consent1, or any requirement which does not relate to the execution or attestation of deeds and wills2. In respect of such other requirements, the position is that ‘in every case that the ingenuity of man can devise, the terms of the power must be complied with’3. Therefore, if writing is required, a disposition by parol will be invalid4. If a deed is expressly required, the power

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