111. Appointment for life with special power by will.

111.     Appointment for life with special power by will.

A special power may be exercised in favour of an object of the power by giving him a life interest and a general power of appointment by will only, if he is alive at the creation of the power1, but not if he is unbegotten at the creation of the power2.

In relation to instruments to which the Perpetuities and Accumulations Act 1964 applies3, or instruments to which the Perpetuities and Accumulations Act 2009 applies4, the 'wait and see' rule5