Execution of instruments in pursuance of power
10 Execution of instruments in pursuance of power
(1) This section applies to and in relation to a power created either before or after the commencement of this Act.
(2) Unless the contrary intention appears in the instrument creating the power, the donee of a power may:
(a) execute any instrument with his own signature and, where sealing is required, with his own seal; and
do any other thing in his own name,
by the authority of the donor of the power and any such instrument or thing shall be as effective as if executed or done, as the case may be, by the donor of the power.
(3) A donee of a power shall not execute any instrument in accordance with the power unless he executes that instrument in such a way as to show that:
he does so for and on behalf of the donor of the power; and
(b) if the instrument creating the power is registered at the time of the execution of the instrument first mentioned, the instrument creating the power is registered.
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