Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Mandatory Power of Appointment

Read a random definition: light-and-air easement

A quick definition of Mandatory Power of Appointment:

A mandatory power of appointment is a type of power that requires the person holding it to use it. This is different from a discretionary power of appointment, which allows the holder to choose whether or not to use it. If the holder of a mandatory power of appointment fails to use it, a court will step in and distribute the property to the people who were supposed to receive it. However, the power is only valid if there are clear and definite beneficiaries who can be identified. If there are no clear beneficiaries, the power is invalid and cannot be used.

A more thorough explanation:

A mandatory power of appointment is a legal term that means a person has a duty to use their power to distribute property to certain people. This is different from a discretionary power of appointment, where the person has the choice to distribute the property or not.

If the person with the mandatory power of appointment fails to use it, the court will step in and distribute the property to the people who were supposed to receive it. This is called the "objects of the power." The court must be able to identify these people in order to execute the power of appointment.

For example, let's say a wealthy person creates a trust and gives their child a mandatory power of appointment over the trust assets. The child must use their power to distribute the assets to certain family members. If the child fails to do so, the court will step in and distribute the assets to those family members.

It's important to note that the validity of a mandatory power of appointment depends on whether the beneficiaries can be clearly identified. If they cannot, the power is invalid and the trust may also be invalid. However, some states separate the power from the trust, so if the trust fails due to lack of definite beneficiaries, the power may still be valid.

Mandatory Joinder | Manifest

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
LSD+ is ad-free, with DMs, discounts, case briefs & more.