Commentary

I3.212 Power to appoint or dispose of property

IHT, trusts and estates

I3.212 Power to appoint or dispose of property

I3.212 Power to appoint or dispose of property

A person is also treated as being beneficially entitled to all property, other than settled property, over which he has a general power to appoint or dispose as he thinks fit or on which he can charge money1.

The mere existence of a general power is sufficient to bring property subject to that power within the estate. It makes no difference that the person having the power is unable to exercise it because he is a minor or otherwise incapacitated2.

Meaning of 'power'

The word 'power' is not used in a technical conveyancing sense as in 'power of appointment', but in the sense of capacity3. Therefore, a general power could include the indirect ability to dispose inherent in an absolute right to acquire gratuitously the ownership of property, such as by appointing to oneself. A person does not have a general power to dispose of property merely because he could

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