sec.208Powers of appointment

### sec.208 Powers of appointment If a document creates a general power of appointment relating to property, the property must vest before the end of the perpetuity period. For subsection (1) , the perpetuity period starts when the property is appointed by the donee of the power. If a document creates a special power of appointment relating to property, both of the following must happen before the end of the perpetuity period— the exercise of the power; the vesting of the property. For subsection (3) , the perpetuity period starts when the power is created. In this section— general power of appointment means— a power of appointment exercisable under a document other than a will under which the person given the power— is the only person capable of exercising the power; and may appoint the whole of the property to any person including the person’s self without complying with any other condition; or a power of appointment exercisable under a will under which the person given the power— is the only person capable of exercising the power; and may appoint the whole of the property to any person including the person’s personal representative without complying with any other condition. special power of appointment means a power of appointment other than a general power of appointment. (sec.208-ssec.1) If a document creates a general power of appointment relating to property, the property must vest before the end of the perpetuity period. (sec.208-ssec.2) For subsection (1) , the perpetuity period starts when the property is appointed by the donee of the power. (sec.208-ssec.3) If a document creates a special power of appointment relating to property, both of the following must happen before the end of the perpetuity period— the exercise of the power; the vesting of the property. (sec.208-ssec.4) For subsection (3) , the perpetuity period starts when the power is created. (sec.208-ssec.5) In this section— general power of appointment means— a power of appointment exercisable under a document other than a will under which the person given the power— is the only person capable of exercising the power; and may appoint the whole of the property to any person including the person’s self without complying with any other condition; or a power of appointment exercisable under a will under which the person given the power— is the only person capable of exercising the power; and may appoint the whole of the property to any person including the person’s personal representative without complying with any other condition. special power of appointment means a power of appointment other than a general power of appointment. - (a) the exercise of the power; - (b) the vesting of the property. - (a) a power of appointment exercisable under a document other than a will under which the person given the power— (i) is the only person capable of exercising the power; and (ii) may appoint the whole of the property to any person including the person’s self without complying with any other condition; or - (i) is the only person capable of exercising the power; and - (ii) may appoint the whole of the property to any person including the person’s self without complying with any other condition; or - (b) a power of appointment exercisable under a will under which the person given the power— (i) is the only person capable of exercising the power; and (ii) may appoint the whole of the property to any person including the person’s personal representative without complying with any other condition. - (i) is the only person capable of exercising the power; and - (ii) may appoint the whole of the property to any person including the person’s personal representative without complying with any other condition. - (i) is the only person capable of exercising the power; and - (ii) may appoint the whole of the property to any person including the person’s self without complying with any other condition; or - (i) is the only person capable of exercising the power; and - (ii) may appoint the whole of the property to any person including the person’s personal representative without complying with any other condition.