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Law of Property Act 2000
186Powers of appointment
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186 Powers of appointment
(1) For the purposes of the rule against perpetuities, a power of
appointment is at a particular time to be treated as a special power
unless, at that time, the appointor has, by the settlement creating
the power, unconditional authority at his or her own discretion to
exercise the power by appointing the interest the subject of the
power to himself or herself.
(2) Notwithstanding subsection (1), an appointment of an interest made
by will under a power of appointment that would, but for the fact that
it was made exercisable only by will, have been a general power is
to be treated as a general power for the purposes of determining
whether the appointment of the interest infringes the rule against
perpetuities.
(3) For the purposes of this section, an authority is unconditional
notwithstanding a formal condition relating to the mode of exercise
of the power.