Tasmania act

Appointments Act 1876

In ForceTAS

Jurisdiction

Tasmania

Act Number

7 of 1876

Collection

act

Plain English Summary

3/10 complexity

This Act makes appointments of property valid even if the person exercising a power to distribute property among several potential recipients excludes one or more of those recipients; such exclusions do not invalidate the appointment (s1). It preserves any deed, will or instrument that expressly prevents exclusion of certain shares or objects (s2) and provides the Act's short title (s3). The appointor decides who is excluded; excluded objects receive no share and trustees/executors must give effect to the appointment.

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Current sections

Direct links to the current provisions in Appointments Act 1876.

Appointments to be valid notwithstanding one or more objects excluded

1 Appointments to be valid notwithstanding one or more objects excluded

No appointment made on or after 16th July 1830, in exercise of any power to appoint any property, real or personal, amongst several objects, shall be invalid at law or in equity on the ground that any object of such power has been altogether excluded, but every such appointment shall be valid and effectual notwithstanding that any one or more of the objects shall not thereby or in default of appointment take a share or shares of the property subject to such power.

Saving

2 Saving

*[Section 2 Amended by 25 Geo. V No. 78 ]*Nothing in this Act shall prejudice or affect any provision in any deed, will, or other instrument creating any power, which shall declare the amount or the share or shares from which no object of the power shall be excluded, or some one or more object or objects of the power shall not be excluded.

Short title

3 Short title

*[Section 3 Inserted by 25 Geo. V No. 78 ]*This Act may be cited as the Appointments Act 1876 .

Source text