| Commentary

26 Excessive execution

| Commentary

26 Excessive execution

There will be excessive execution of a power if the appointment infringes the rule against perpetuities1, or exceeds the scope of the power2. The scope of the power can be exceeded by granting excessive interests, delegating powers, annexing unauthorised conditions, adding unauthorised limitations or modifications or including as beneficiaries persons not properly objects of the power.

If there is a complete execution of the power, with the addition of something which is improper, then the good may be severed from the bad3.

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