Commentary

8 Effect of appointments on later acquired funds

POWERS OF APPOINTMENT vol 33
| Commentary

8 Effect of appointments on later acquired funds

| Commentary

8 Effect of appointments on later acquired funds

An appointment in exercise of a power contained in a settlement or will does not operate as an appointment of funds which are later transferred or bequeathed upon the trusts of the settlement or will1, unless the words by which the additional funds are transferred or bequeathed clearly make them an accretion to the original trust funds2.

If additional funds are settled on the trusts of the settlement but without words clearly making them an accretion to the original funds, then a further appointment should be made both

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