Land And Conveyancing Law Reform Act 2009
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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. |