Western Australian Current Acts

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PROPERTY LAW ACT 1969 - SECT 86

86 .         Irrevocable power of attorney for value

        (1)         Where a power of attorney given for valuable consideration (whether executed in or out of the State) is in the instrument creating the power expressed to be irrevocable, then, in favour of a purchaser —

            (a)         the power shall not be revoked at any time, either by anything done by the donor of the power without the concurrence of the donee, or by the death, mental incapacity or bankruptcy of the donor; and

            (b)         any act done at any time by the donee of the power in pursuance of the power is as valid as if anything done by the donor without the concurrence of the donee, or the death, mental incapacity or bankruptcy of the donor, had not been done or had not happened; and

            (c)         neither the donee of the power nor the purchaser shall at any time be prejudicially affected by notice of anything done by the donor without the concurrence of the donee, or of the death, mental incapacity, or bankruptcy of the donor.

        (2)         This section applies to powers of attorney created by instruments executed either before or after the coming into operation of this Act.



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