Section 41 — Conveyancing Act 1919 (NSW)

(1) Where a power of appointment by an instrument other than a will is exercised by deed, executed and attested in accordance with this Act, or in the case of a dealing under the Real Property Act 1900 in accordance with that Act, such deed or dealing shall, so far as respects the execution and attestation thereof, be a valid exercise of the power, notwithstanding that by the instrument creating the power some additional or other form of execution or attestation or solemnity is required.
(2) This section applies to the exercise after the commencement of this Act of any such power created by an instrument coming into operation before or after the commencement of this Act.

Related sections

• s 38A — Electronic form deeds
• s 39 — Receipt in deed sufficient
• s 40 — Receipt in deed or indorsed evidence for subsequent purchaser
• s 43 — Form of deed
• s 44 — No use to result from absence of consideration
• s 45 — Grant of easements etc by way of use

Research how courts apply s 41

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.