Succession Act 1965 section 93

General gift of realty or personalty to include property over which testator has general power of appointment

Section 93 provides that a general gift of land or personal property in a will automatically includes any property over which the testator held a general power of appointment, unless the will indicates otherwise.

• A general gift of land in a will is treated as including any land over which the testator had a general power of appointment — that is, the power to direct who should receive that land.
• Similarly, a general gift of personal property (other than land) in a will is treated as including any personal property over which the testator had a general power of appointment.
• In both cases, the will operates as an exercise of that power of appointment, meaning no separate or additional document is needed to deal with the appointed property.
• This automatic inclusion does not apply if the will contains a contrary intention — that is, if the will indicates that the testator did not wish the general gift to cover property subject to a power of appointment.