单词 | Testamentary powers |
释义 | 以遺囑處置財產的權力 1. The power of a person to dispose of his estates in his will. Dementia arising from advanced age or produced by alcoholism or any other cause may destroy testamentary power: Sherwood v Sanderson (1815) 19 Ves 280. 2. Powers given to a personal representative by a testator by will to deal with the estate assets in order to facilitate the administration and distribution of the estate. Powers commonly found in a will include power of sale or postponement of sale, power of investment, power to appropriate assets, power to carry on a business, and power to employ agents. In giving a power of appointment to another by will to select beneficiaries to receive a specific item of estate property, the testator must not delegate his or her testamentary or will-making power: Chichester Diocesan Fund and Board of Finance v Simpson [1944] AC 341. He cannot leave to another a power to revoke his will after his death. Sherrin et al, Williams on Wills vol. 1 (8th Ed, 2002, Butterworths) para. [9.46]. A condition which in effect delegates to another a testator’s testamentary power is void: Chow Siu Po v Wong Ming Fung [2003] 1 HKC 146. See also Personal representative; Power of appointment. |
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