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Simple English definitions for legal terms

Mandatory Power of Appointment

Read a random definition: in facto proprio

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

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snow
16:44
watch didi
snow
16:45
or broke back mountain. highkey actually a really good movie
@VolatileClumsyAcolyte: i think if i studied longer i couldve gotten a better lsat but like i just wanna get this show on the road (law school) its possible to jump up 10 pts but remember nothing is promised except the here and now
@IrishDinosaur: FUCKING GOATED
YOU ARE SO COOL
mushroomroundtop01
16:46
CONGRATS DINOSAURRRRRRR
mushroomroundtop01
16:46
EPSTEIN PROGRAM TOO WOW UR AMAZING
cumsock
16:46
I thought that was an Epstein joke
@IrishDinosaur: proud of you champion :)
mushroomroundtop01
16:47
Nah its rllt their pi program
16:47
When I was applying I thought the same thing Mr Sock
jackfrost11770
16:47
YEAHHHHHH DINOOOO
how did @sleepytimeteabear get waitlisted from gtown and upenn with a 180
thanks guys, im fucking stoked. its my first decision so far
and from my alma mater :')
mushroomroundtop01
16:48
and thats such a huge decision too omg so happy for u
jackfrost11770
16:48
If I signed up for a Cornell lets talk thing but my train was 30 minutes late and now I defiantly can't show up is it alright if I just don't .... I don't want it to affect me lmfao
jackfrost11770
16:48
how many ppls usually show up to those things
<3 much love to yall. i gtg back to work now but thanks for celebrating w me
jackfrost11770
16:49
They have one every month don't they
i cant imagine cornell keeping track of who goes to the lets talk
i mean maybe?
jackfrost11770
16:50
I mean they asked for lsac number but yeah I don't imagine they specifically keep track? Gtown does tho ....
jackfrost11770
16:50
But gtown is special lmfao
jackfrost11770
16:50
In a bad way
16:51
Do you need camera on/mic on for those Lets Talk Cornell things? I kinda want to attend but I'm at work
jackfrost11770
16:51
I have no idea I've never been to one
jackfrost11770
16:51
Hence Idk what to expect even capacity wise
jackfrost11770
16:51
But I'm literally still 30 minutes from home and it's in 10 min so unless I join on my phone with no camera or mic then I cannot lmao
jackfrost11770
16:55
You know what if Cornell don't want me they don't me I'm not worrying myself over this
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