Legal Definitions - appendant power

APPENDANT POWER

Appendant power is a legal term that refers to a power that gives the person holding it the right to appoint estates that attach to their own interest. It is a power held by a person who owns the property interest in the assets subject to the power, and whose interest can be divested by the exercise of the power. The appendant power is generally viewed as adding nothing to the ownership and thus is not now generally recognized as a true power.

• A person who owns a piece of land may have an appendant power to appoint estates that attach to their own interest in the land.
• A life tenant with a power over the remainder is an example of a power in gross, which is a type of appendant power.

These examples illustrate how appendant power works in practice. The person holding the power has the right to appoint estates that attach to their own interest in the property, but their interest can be divested by the exercise of the power.