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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
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26. Execution of nontestamentary powers of appointment.

(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.

(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.

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