New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 46B

46B Appointments under general power

(1) Real and personal estate passing under a gift contained in the will of a testator dying after the commencement of the Conveyancing (Amendment) Act 1930 which operates as an appointment under a general power to appoint by will shall vest in the testator's personal representatives as if the testator had been entitled thereto at the testator's death, whether or not the testator was so entitled, and whether or not for an estate or interest not determining on the testator's death.

(2) Real and personal estate the subject of a gift contained in the will of a testator dying after the passing of the Probate Act of 1890 , which operated as an appointment under a general power, shall be deemed to have vested under the provisions of that Act, or of this Act, as the case may require, in the testator's executors or administrators as if that property had been vested in the testator at the time of the testator's death, whether or not the testator was entitled thereto for an estate or interest not determining on the testator's death.

(3) Nothing in subsection (2) shall affect any right or title accrued before the commencement of this section under any disposition by an appointee which would have been valid if this section had not been passed or shall affect the interpretation of section 44.