Commentary

6 Operation of appointments

POWERS OF APPOINTMENT vol 33
| Commentary

6 Operation of appointments

| Commentary

C: OPERATION AND EFFECT OF APPOINTMENTS

6 Operation of appointments

Since 1925, all powers of appointment operate in equity only1. The interests which arise as a result of the exercise of a power take effect as if they had been created by the instrument containing the power2, but from the time3 the power was exercised, not from the time it was created4.

Appointments, like trusts, cannot be made in favour of a dead person5. It follows therefore that a power to appoint to children cannot be exercised by appointing to a dead child’s personal representatives, as they are not objects (beneficiaries) of

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