Powers of Appointment
Queensland: If a testator purports to make an appointment by will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed under this section. If a power is conferred on a person to make an appointment by will and the appointment must be executed in a particular way or with a particular solemnity, the person may make the appointment by a will that is executed under this section but is not executed in the particular way or with the particular solemnity. http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s10.html
New South Wales:
If a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. If a power is conferred on a person to make an appointment by a will that is to be executed in some particular way or with some particular solemnity, the person may exercise the power by awill that is executed in accordance with this section, but is not executed in the particular way or with the particular solemnity.
http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s6.html
Northern Territory:
If a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. The exercise of power such power is valid if the person exercises the power by a will that is (a) to be executed in some particular manner or with some particular solemnity; and (b) in accordance with this section and not in that manner or with that solemnity. http://www.austlii.edu.au/au/legis/nt/consol_act/wa91/s8.html
South Australia:
Where a person holds a power of appointment that is exercisable by will, such power may be exercised by a will executed in accordance with this Act notwithstanding that the power has been conferred on condition that a will made in exercise of the power should be executed with some other or additional/lesser formality. http://www.austlii.edu.au/au/legis/sa/consol_act/wa193691/s10.html
Tasmania:
If a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. If a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity.
http://www.austlii.edu.au/au/legis/tas/consol_act/wa200891/s8.html
Victoria:
Where a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. Where a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity.
http://www.austlii.edu.au/au/legis/vic/consol_act/wa199791/s7.html
Western Australia:
If a power is conferred on a person to make an appointment by a will which power is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in a manner required or permitted by this Act, but is not executed in that particular manner or with that particular solemnity.
http://www.austlii.edu.au/au/legis/wa/consol_act/wa197091/s9.html
Draft Wills Bill 1997:
If a testator purports to make an appointment by his will in the exercise of power of appointment by will, appointment is not valid unless the will is executed in accordance with this section. If a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity.
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/R85APPENDIXA
