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This Act is current to June 20, 2018

Power of Appointment Act

[RSBC 1996] CHAPTER 369

Contents
1Definition
2Illusory appointments valid
3Effect on deed which declares amount of share
4No other force to appointment
5Appointment valid even if one or more objects excluded

Definition

1   In this Act, "appointment" means an appointment made in the exercise of a power to appoint property among several objects.

Illusory appointments valid

2   An appointment is not invalid on the ground that only an unsubstantial, illusory or nominal share is appointed to or left unappointed to devolve on any one or more of the objects of the power.

Effect on deed which declares amount of share

3   This Act does not prejudice or affect any provision in a deed, will or other instrument creating a power of appointment that declares the amount of the share from which no object of the power must be excluded.

No other force to appointment

4   This Act does not give validity, force or effect to an appointment that the appointment would not have had if a substantial share of the property affected by the power had been appointed to or left unappointed to devolve on an object of that power.

Appointment valid even if one or more objects excluded

5   (1) An appointment is not invalid at law or in equity on the ground that any object of the power has been excluded.

(2) An appointment referred to in subsection (1) is valid even if one or more of the objects does not by exclusion or in default of appointment take a share of the property subject to that power.

(3) This section does not prejudice or affect any provision in a deed, will or other instrument creating a power that declares the amount of the share from which no object of the power is not excluded.