Commentary

53 Release of power exercising power of revocation: time of revocation

POWERS OF APPOINTMENT vol 33
| Commentary

53 Release of power exercising power of revocation: time of revocation

| Commentary

53 Release of power exercising power of revocation: time of revocation

It is not necessary for a release of a power, which is to operate as an exercise of a power of revocation in an earlier appointment, to refer expressly to the power of revocation; it is sufficient if there is a clear intention wholly to discharge the fund from the power of appointment1.

A power of revocation and new appointment which can be exercised at a date beyond the perpetuity period is void2, unless saved by the ‘wait and see’ rule contained in the Perpetuities

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