Commentary

51 Impliedly reserved power of revocation

POWERS OF APPOINTMENT vol 33
| Commentary

51 Impliedly reserved power of revocation

| Commentary

51 Impliedly reserved power of revocation

Where a power of appointment is executed by deed, which is by its nature an irrevocable instrument, unless a power of revocation has been reserved in the deed, a power of revocation cannot be implied. This restriction will apply even where there is an express power of revocation in the instrument creating the power authorising the appointor to revoke any appointment1, or where the appointment is to volunteers2. Therefore, on every execution by deed, a new power of revocation must be reserved3.

Where, however, the appointment is not

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