56Appointments by will under general power

56 Appointments by will under general power (1) Where a provision contained in the will of a deceased person operates as an appointment under a general power to appoint by will, the property, whether real or personal, that passes by virtue of the provision vests in the executor or administrator as if the testator had been entitled to the property at his or her death, whether or not he or she was so entitled for an estate or interest determining on his or her death or for any other estate or interest. (2) Where a provision contained in the will of a person who died on or after 1 January, 1911, but before the commencement of this Act, operated as an appointment under a general power to appoint by will, the property, whether real or personal, that passed by virtue of the provision shall be deemed to have vested in the executor or administrator as if that property had been vested in the testator at the time of his or her death whether or not he or she was entitled to it for an estate or interest determining on his or her death or for any other estate or interest. (3) Subsection (2) does not affect: (a) a right or title that accrued, before the commencement of this Act, under a disposition by an appointee which, but for that subsection, would be valid; or (b) the operation of section 52.