New South Wales Consolidated Acts

PERPETUITIES ACT 1984 - SECT 6

6 Powers of appointment

(1) For the purposes of the rule against perpetuities, a power of appointment shall at any particular time be treated as a special power unless, at that time, the appointor has, by the settlement creating the power, unconditional authority at his or her own discretion to exercise the power by appointing the interest the subject of the power to himself or herself.

(2) Notwithstanding subsection (1), an appointment of an interest made by will under a power of appointment that would, but for the fact that it was made exercisable only by will, have been a general power shall be treated as a general power for the purposes of determining whether the appointment of the interest infringes the rule against perpetuities.

(3) For the purposes of this section, an authority is unconditional notwithstanding any formal condition relating to the mode of exercise of the power.