South Australian Current Acts

LAW OF PROPERTY ACT 1936 - SECT 57A

57A—Validation of appointments where objects are excluded or take illusory shares

        (1)         Subject to subsections (2) and (3) of this section, no appointment purported to be made in exercise of any power to appoint any property among two or more objects shall be invalid on the ground that—

            (a)         an unsubstantial, illusory or nominal share only is appointed or left unappointed to devolve upon any object of the power; or

            (b)         any object of the power is thereby altogether excluded.

        (2)         Subsection (1) of this section shall not affect any provision in the instrument creating the power which indicates the amount or proportion of any share from which any object of the power is not to be excluded.

        (3)         Subsection (1) of this section shall apply only—

            (a)         to any appointment purported to be made after the enactment of this section, in exercise of a power created before or after the enactment of this section; and

            (b)         to any appointment purported to be made by a will executed before the enactment of this section, if the testator dies after the enactment of this section.