Land And Conveyancing Law Reform Act 2009

26.

Execution of non-testamentary powers of appointment.

26.— (1) Subject to subsection (2), an appointment made by deed after the commencement of this Part under a power of appointment is valid provided the instrument making the appointment complies with section 64 .

[LPAA 1859, s. 12]

(2) Subsection (1) does not—

( a) prevent a donee of a power of appointment from making a valid appointment in some other way expressly authorised by the instrument creating the power, or

( b) relieve such a donee from compliance with any direction in the instrument creating the power that—

(i) the consent of any person is necessary to a valid appointment, or

(ii) an act is to be performed having no relation to the mode of executing and attesting the deed of appointment in order to give validity to any appointment.