QLDIn ForceAct
Trusts Act 1973
sec.123Validation of execution of power of attorney for s 56
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### sec.123 Validation of execution of power of attorney for s 56
This section applies if—
before the commencement, a trustee purported to delegate, by power of attorney, the execution or exercise of a matter under previous section 56; and
the power of attorney was made in the approved form under the Powers of Attorney Act 1998 , section 11.
The power of attorney is taken to be, and to have always been, as valid as if it had been executed as a deed under previous section 56.
In this section—
previous section 56 means section 56 as in force from time to time before the commencement.
s 123 ins 2017 No. 17 s 253
sch 2 om 1995 No. 58 s 4 sch 1
(sec.123-ssec.1) This section applies if— before the commencement, a trustee purported to delegate, by power of attorney, the execution or exercise of a matter under previous section 56; and the power of attorney was made in the approved form under the Powers of Attorney Act 1998 , section 11.
(sec.123-ssec.2) The power of attorney is taken to be, and to have always been, as valid as if it had been executed as a deed under previous section 56.
(sec.123-ssec.3) In this section— previous section 56 means section 56 as in force from time to time before the commencement.
- (a) before the commencement, a trustee purported to delegate, by power of attorney, the execution or exercise of a matter under previous section 56; and
- (b) the power of attorney was made in the approved form under the Powers of Attorney Act 1998 , section 11.