Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 205

205 Disclaimer etc. of powers

(1) A person to whom any power, whether or not coupled with an interest, is given, may by deed disclaim, release or contract not to exercise the power, and after such disclaimer release or contract shall not be capable of exercising or joining in the exercise of the power.

(2) On such disclaimer, release, or contract, the power may be exercised by the other person or persons or the survivor or survivors of the other persons to whom the power is given unless the contrary is expressed in the instrument creating the power.

(3) Where such power is exercisable by any instrument which may or is required to be registered under any Act, the power may be released or disclaimed by a memorandum in the approved form which may be registered.

(4) This section—

(a) does not apply to a power coupled with a duty; and

(b) applies to a power created by an instrument coming into operation whether before or after the commencement of this Act.