| Commentary

59 Disclaimer of power

| Commentary

59 Disclaimer of power

The Law of Property Act 19251 provides that a person to whom any power is given, whether coupled with a duty or not, may, by deed, disclaim that power. After such a disclaimer, that person is not capable of exercising or joining in the exercise of the power. On such disclaimer, the power may be exercised by the other person or persons, or the survivor or survivors of the other persons, to whom the power is given, unless the contrary is expressed in the instrument creating the power2.

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