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Law of Property Act 2000
204Mode of exercise of powers
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204 Mode of exercise of powers
(1) If a power of appointment by an instrument other than a will is
exercised by deed, executed and attested under this Act, or, in the
Law of Property Act 2000 128
case of an instrument under the Land Title Act 2000, under that Act,
the deed or instrument is, in respect of the execution and
attestation of the instrument, a valid exercise of the power
notwithstanding that some additional or other form of execution or
attestation or solemnity is required by the instrument creating the
power.
(2) This section does not operate to defeat a direction in an instrument
creating a power of appointment that:
(a) the consent of a particular person is necessary for there to be
a valid execution of the instrument by which the power is
exercised; or
(b) in order to give validity to an appointment, an 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 of appointment
from exercising the power by writing or other than by an instrument
executed and attested as a deed, and if the power of appointment
is exercised in that manner this section does not apply.