Fraud on A Power

Legal Definition and Related Resources of Fraud on a Power

Meaning of Fraud on a Power

The failure to exercise a power of appointment bona fide- to the end intended by the donor. For example, a father having power to appoint an estate to any of his children, appoints it to one on the point of death, he being the child’s heir (Hinchinbroke v. Seymour, 1 Bro. Ch. 395). A fraudulent exercise of a power will be set aside. Where an appointment is made in favour of a person at least twenty-five years of age, who is entitled to a share in default of appointment, a purchaser for value without notice of fraud is protected, after 1925, to the extent of that share. (Law of Property Act, 1925, s. 157.) See Alcyn v. Jlelchier

Related Entries of Fraud On A Power in the Encyclopedia of Law Project

Browse or run a search for Fraud On A Power in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Fraud On A Power in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Fraud On A Power in Historical Law in the Encyclopedia of Law.

For more information about Historical Law definitions, see Historical Definitions in the Encyclopedia of Law. For more information about Historical Law Books and Legal Documents, see Legal Encyclopedia of Historical Books and Documents and Legal Encyclopedia of Books and Documents of the 20th Century.

Legal Abbreviations and Acronyms

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Related Legal Terms

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English Legal System: Fraud On A Power

In the context of the English law, A Dictionary of Law provides the following legal concept of Fraud On A Power : An exercise of a *power of appointment that, although made to an object within the class chosen by the donor, was made in circumstances that render it void. Examples are when the appointor intended to obtain a benefit for himself or another or when there was a deliberate intention to defeat the intentions of the donor of the power.


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