Australian Capital Territory Current Acts Australian Capital Territory Current ActsIf a testator, by his or her will—
(a) gives a person a power to appoint property; or
(b) appoints a person to be trustee of any property with power to distribute the property as the trustee thinks fit;
the giving of that power, or the creation of that trust, by the will shall not be void if the same power could have been given, or the same trust created, by an instrument inter vivos .