Commentary

22 Exercise of a non-existent power

POWERS OF APPOINTMENT vol 33
| Commentary

22 Exercise of a non-existent power

| Commentary

22 Exercise of a non-existent power

A power must, as a general rule, be in existence at the time of its purported exercise if the exercise is to be valid1. A power given to a person and expressed to be dependent on a contingency is as a rule capable of being exercised either before or after the happening of the contingency (though the appointment will not have actual effect until after such happening), as the court is inclined to treat the contingency as a condition of the operation of the appointment rather than as a condition of the exercise of

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