204Mode of exercise of powers

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.