The donor appointed A, B and C to act jointly. He then imposed the following restriction: "The said B and C shall not exercise their authority under this Power whilst my wife is alive and able to act as my attorney." On the application of the attorneys the court severed the restriction as being incompatible with a joint appointment. [OPG summary - EPA case.]

Note

Summary from OPG website.

Title: Re Williamson (an order of the Senior Judge made on 25 October 2010)

Heading: Severance of restrictions incompatible with a joint appointment

External link

Not on Bailii - no transcript

Summary on OPG section of Justice website