Queensland Consolidated Acts
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PROPERTY LAW ACT 1974 - SECT 208
Powers of appointment
208 Powers of appointment
(1) For the purposes of the rule against perpetuities a power of appointment
shall be treated as a special power unless— (a) in the instrument creating
the power it is expressed to be exercisable by 1 person only; and
(b) it
could at all times during its currency when that person is of full age and
capacity be exercised by the person so as immediately to transfer to or
otherwise vest in the person the whole of the interest governed by the power
without the consent of any other person or compliance with any other
condition, not being a formal condition relating only to the mode of exercise
of the power.
(2) However, for the purpose of determining whether a
disposition made under a power of appointment exercisable by will only is void
for remoteness the power shall be treated as a general power where it would
have fallen to be so treated if exercisable by deed.
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