Simple English definitions for legal terms
Read a random definition: favor paternitatis
A reserved power of appointment is when someone gives away something they own, but still has the ability to decide who gets it in the future.
A reserved power of appointment is a legal term that refers to a situation where the owner of certain assets gives them away, but still retains the power to decide who will receive them in the future. This means that the owner can change their mind about who will receive the assets at any time.
For example, let's say that John wants to give his house to his daughter, but he wants to make sure that if something happens to her, the house will go to his son. John can give the house to his daughter, but reserve the power to appoint the house to his son if his daughter dies. This means that John can change his mind and give the house to someone else if he wants to.
Another example of a reserved power of appointment is when a person sets up a trust and gives the trustee the power to distribute the assets to the beneficiaries. However, the person who set up the trust may reserve the power to change the beneficiaries at any time.
Reserved powers of appointment can be useful in estate planning because they allow the owner of the assets to maintain some control over who will receive them in the future. However, they can also be complicated and should be set up with the help of a qualified attorney.