Revocation of deed of appointment

If a deed of appointment does not say if it is revocable or irrevocable, is the assumption that it is irrevocable?

Simon Northcott

I say (without any authority whatsoever) that

  1. I think it’s a matter of fact to be decided in the light of the terms of the settlement and the appointment and the circumstances in which it was granted.

  2. Omnia praesumuntur …. If the trustees do it, they must be acting correctly, therefore

  3. Try it and see what happens.

Tim Gibbons

According to my copy of Kessler, “an appointment is irrevocable, unless expressed to be revocable.” (13th edition at 12.6).

Iain Cameron
Acer Legal

If you would like some authority, Lewin at 30-086 suggests that the exercise of the power is irrevocable unless a power of revocation is reserved and cites some cases. Kessler at 12.6 suggests the same.

Josh Lewison
Radcliffe Chambers