Commentary

56 Release of non-fiduciary powers

POWERS OF APPOINTMENT vol 33
| Commentary

56 Release of non-fiduciary powers

| Commentary

56 Release of non-fiduciary powers

The Law of Property Act 19251 provides that a person to whom any power, whether coupled with an interest or not, is given may by deed release, or contract not to exercise, the power2. The expression ‘by deed release, or contract not to exercise’ used in the Act leaves it uncertain whether the words ‘by deed’ apply only to a release, or also to contracts not to exercise, and it is therefore safer to make any such contract by deed.

Apart from statutory provisions enabling release, it has been held that a power of appointment in

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