PROPERTY LAW ACT 1974 - SECT 202
Mode of exercise of powers
PROPERTY LAW ACT 1974 - SECT 202
Mode of exercise of powers
202 Mode of exercise of powers
(1) Where a power of appointment by an instrument other than a will is
exercised by deed, executed and attested under this Act, or, in the case of an
instrument under the Land Title Act 1994, under that Act, such deed or
instrument shall, so far as respects the execution and attestation of the
instrument, be a valid exercise of the power, even though by the instrument
creating the power some additional or other form of execution or attestation
or solemnity is required.
(2) This section does not operate to defeat any
direction in the instrument creating the power that—
(a) the consent of any
particular person is to be necessary to a valid execution; or
(b) in order to
give validity to any appointment, any act is to be performed having no
relation to the mode of executing and attesting the instrument.
(3) This
section does not prevent the donee of a power from executing it under the
power by writing, or otherwise than by an instrument executed and attested as
a deed, and where a power is so executed this section does not apply.
(4)
This section applies to the exercise after the commencement of this Act of any
such power created by an instrument coming into operation before or after the
commencement of this Act.
