Contents of Wills—powers of appointment

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Published by a LexisNexis Private Client expert
Practice notes

Contents of Wills—powers of appointment

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes
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Under a Will or a Trust, a person may be given the power to appoint by their Will or otherwise to determine how the property of the original donor (the testator of a Will or a Settlor of a trust) is to devolve. The person in whom this power is vested is known as the appointor. A power of Appointment is a dispositive or distributive power and authorisies a person to create or dispose of or distribute beneficial interests in property.

This Practice Note contains a brief outline of the classifications of such powers.

Types of powers of appointment

A power of appointment may be classified as one of three types: general, special or hybrid. The basic distinction is between general and special powers. A general power may be defined as one that the appointor may exercise in favour of anyone they please, including themselves. Other powers, including all those exercisable in favour only of a defined class of beneficiaries, are special, although the courts have recognised an intermediate category known as hybrid powers.

Personal representatives

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Jurisdiction(s):
United Kingdom
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Key definition:
Appointment definition
What does Appointment mean?

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

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