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Simple English definitions for legal terms
appendant power
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A quick definition of appendant power:
Appendant power is a type of legal authority that allows someone to make decisions about property that they own or have an interest in. It is different from other types of power because it does not add anything to the ownership of the property. It is also a power that is not often recognized as a true power.A more thorough explanation:
APPENDANT POWER
Appendant power is a legal term that refers to a power that gives the person holding it the right to appoint estates that attach to their own interest. It is a power held by a person who owns the property interest in the assets subject to the power, and whose interest can be divested by the exercise of the power. The appendant power is generally viewed as adding nothing to the ownership and thus is not now generally recognized as a true power.
- A person who owns a piece of land may have an appendant power to appoint estates that attach to their own interest in the land.
- A life tenant with a power over the remainder is an example of a power in gross, which is a type of appendant power.
These examples illustrate how appendant power works in practice. The person holding the power has the right to appoint estates that attach to their own interest in the property, but their interest can be divested by the exercise of the power.