Validation of appointments where objects are excluded or take illusory shares
96 Validation of appointments where objects are excluded or take illusory shares
An appointment made in exercise of a power to appoint any property among 2 or more objects is not invalid on the ground that —
an unsubstantial, illusory or nominal share only is appointed to or left unappointed to devolve upon any one or more of the objects of the power; or
any object of the power is thereby altogether excluded —
but the appointment is valid notwithstanding that any one or more of the objects is not thereby, or in default of appointment, to take any share in the property.
This section does not affect any provision in the instrument creating the power that declares the amount of any share from which any object of the power is not to be excluded.
This section applies to any appointment made before or after the coming into operation of this Act.
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