Succession Act 1965 section 79

Appointments by will

Section 79 establishes the rules for exercising a power of appointment through a will, ensuring that the standard execution requirements of the Succession Act apply.

• Any appointment made by will under a power of appointment must be executed in accordance with the Succession Act 1965 to be valid.
• A will that meets the Act's execution and attestation requirements is a valid exercise of a power of appointment.
• This applies even if the original power of appointment specified additional or different formalities for execution.
• The Act's standard requirements effectively override any extra solemnities that may have been imposed by the creator of the power.