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Simple English definitions for legal terms

Mandatory Power of Appointment

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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.

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RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
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