Release of Power of Appointment under a will in favour of children
THIS RELEASE made on ________ day of __________ by __________ w/o late __________ r/o ___________(the widow).
- Late _____________ deceased (“the Testator”) by his will dated etc. after appointing his wife the Widow and ______________ to be the executors and trustees thereof and after giving certain pecuniary and specific legacies gave devised and bequeathed all the rest residue and remainder of his real and personal estate unto his trustees upon trust to sell call in and convert the same into money as therein mentioned and to stand possessed of the net proceeds of such sale calling in and conversion after payment there out of his debts funeral and testamentary expenses and the legacies bequeathed by his said will and any codicil thereto upon trust to invest the same and pay the income of the investments for the time being representing the same (“his Residuary Estate”) of the Widow during her life and from and after her death to stand possessed of his Residuary Estate and the income thereof in trust for such one or more exclusively of the others or other of his children at such age or time or respective ages to times if more than one in such shares and with such provisions for their respective advancement maintenance and education as the WIDOW by deed with or without power of revocation and new appointment or by will or codicil appoints and in default of such appointment and so far as any such appointment does not extend in trust for all or any his children or child who attain the age of 18 years and if more than one in equal shares.
- The Testator died on the ________ day of _______ and his said will was duly proved by the Widow and the said ______ s/o _________ r/o ________ on the _____ day of ______ in the _________ Court of _________.
- The Widow has determined to release the power given to her by the said will to appoint the residuary estate of the Testator in favour of the children of the Testator as therein mentioned.
NOW THIS DEED made in pursuance of such determination WITNESSES that THE WIDOW HEREBY RELEASES AND DISCHARGES the Residuary Estate of the Testator and the investments now or at any time hereafter representing the same from the said power given to her by the said will of appointing the same by deed or will or codicil in favour of the children of the Testator as in the said will mentioned to the intent that the said power may be absolutely extinguished and incapable of being exercised.
IN WITNESS WHEREOF, etc.