| Commentary

5 Creation of powers

| Commentary

B: CREATION OF POWERS OF APPOINTMENT

5 Creation of powers

Powers may be created by instruments inter vivos or by will and may be created by any method by which the donor of the power could himself make the disposition authorised by the power1. However, powers to execute deeds must be created by deeds2. It is common for an express power to be created which enables the donee to exercise that power to create further powers. For instance, a wide power of appointment will enable the trustees (being the donees of the power) to appoint discretionary

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