Section 23Part 1 — Trusts Act
Validation of appointments if objects are excluded or take illusory shares
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An appointment made in exercise of a power to appoint property among two 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
an object of the power is altogether excluded because of the exercise.
Any such appointment is vital despite the fact that any one or more of the objects is not, because of the exercise or default of appointment, to take any share in the property.
This section does not affect a provision in the instrument creating the power declaring the amount of any share from which an object of the power is not to be excluded.