Execution of instruments creating or revoking powers
6 Execution of instruments creating or revoking powers
This section does not apply in respect of an instrument creating a power executed by a body corporate as a donor.
Subject to this Act and any other law in force in the Territory, an instrument creating or revoking a power shall be signed by or by direction and in the presence of the donor of the power.
An instrument creating or revoking a power shall be valid and effectual although not under seal.
An instrument creating a power must be executed in the presence of and attested by:
if the instrument is signed by the donor – a person mentioned in Schedule 2; or
if the instrument is signed by direction of, and in the presence of, the donor – a person mentioned in Schedule 2 and another person.
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