41Mode of exercise of powers

#### 41 Mode of exercise of powers 41 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 in accordance with this Act, or in the case of a dealing under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) in accordance with that Act, such deed or dealing shall, so far as respects the execution and attestation thereof, be a valid exercise of the power, notwithstanding that by the instrument creating the power some additional or other form of execution or attestation or solemnity is required. > > > (2) 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. > > **s 41:** Am 1972 No 17, sec 5.