Family Provision Act 1969

If—

application is made under section 8 or 9A for an order that provision be made out of the estate of a deceased person; and

the deceased person has, by will, exercised a general or a special power of appointment in respect of property, being a power under which the deceased person was, immediately before death, entitled to appoint the property to himself or herself; and

the Supreme Court is satisfied that—

adequate provision for the person who has made the application cannot justly be made out of other property forming part of the estate of the deceased person; or

because of the existence of special circumstances, an order should be made that provision be made out of, or charged on, the property in respect of which the deceased person has exercised the general or special power of appointment;

the court may order that provision be made out of, or charged on, the property in respect of which the deceased person has exercised the general or special power of appointment.

If—

a testator has power to appoint, by will, any real property in the way that he or she thinks fit; and

by will, the testator has made a general devise of his or her real property or of his or her real property at a particular place, in the occupation of a particular person or otherwise described in a general way without expressly exercising the power of appointment; and

under the Wills Act 1968, section 26 (2), that general devise is to be construed as including the real property over which the deceased person had that power of appointment;

the other property forming part of the estate of the deceased person referred to in subsection (1) (c) (i) shall be deemed to include the real property over which the deceased person had that power of appointment.

If—

a testator has power to appoint, by will, any personal property in the way that he or she thinks fit;

by will, the testator has made a general bequest of personal property or of any class of personal property described in a general way without expressly exercising the power of appointment; and

under the Wills Act 1968, subsection 26 (3) that general bequest is to be construed as including the personal property over which the deceased person had that power of appointment;

the other property forming part of the estate of the deceased person referred to in subsection (1) (c) (i) shall be deemed to include the personal property over which the deceased person had that power of appointment.