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StatuteWills Act 2007

Section 26 — Wills Act 2007: Disposition may encompass power of appointment

Text of the provision Official document

26 Disposition may encompass power of appointment (1) A disposition in a will that is capable of including property over which the will-maker has a power of appointment must be read as— (a) including the property; and (b) being an exercise of the power. (2) Subsection (1) does not apply if the will makes it clear that the will-maker— (a) intended the disposition not to include property over which he or she had a general power of appointment; or (b) intended the disposition not to be an exercise of the power. Compare: Wills Act 1837 s 27 (UK)

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.