| Commentary

43 Delegation of powers

| Commentary

G: DELEGATION

43 Delegation of powers

A general power1, or a hybrid power vested in a person beneficially (other than a trustee), may be delegated2. Otherwise, in any case where the power involves a personal discretion, delegation is unlawful unless expressly permitted by the instrument creating the power3. For example, a special power of appointment cannot be delegated so as to give others a power of selection which was intended to be exercised by the appointor4.

Where powers are vested in trustees, and not in any person beneficially, trustees cannot delegate unless

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