BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


POWERS OF ATTORNEY ACT (NORTHERN IRELAND) 1971 - SECT 4

Protection of donee and third persons where power of attorney is revoked.

4.(1) A donee of a power of attorney who acts in pursuance of the power at a
time when it has been revoked shall not, by reason of the revocation, incur
any liability (either to the donor or to any other person) if at that time he
did not know that the power had been revoked.

(2) Where a power of attorney has been revoked and a person, without knowledge
of the revocation, deals with the donee of the power, the transaction between
them shall, in favour of that person, be as valid as if the power had then
been in existence.

(3) Where the power is expressed in the instrument creating it to be
irrevocable and to be given by way of security then, unless the person dealing
with the donee knows that it was not in fact given by way of security, he
shall be entitled to assume that the power is incapable of revocation except
by the donor acting with the consent of the donee and shall accordingly be
treated for the purposes of subsection (2) as having knowledge of the
revocation only if he knows that it has been revoked in that manner.

(4) Where the interest of a purchaser depends on whether a transaction between
the donee of a power of attorney and another person was valid by virtue of
subsection (2), it shall be conclusively presumed in favour of the purchaser
that that person did not at the material time know of the revocation of the
power if

(a)the transaction between that person and the donee was completed within
twelve months of the date on which the power came into operation; or

(b)that person makes a statutory declaration, before or within three months
after the completion of the purchase, that he did not at the material time
know of the revocation of the power.

(5) Without prejudice to subsection (3), for the purposes of this section
knowledge of the revocation of a power of attorney includes knowledge of the
occurrence of any event (such as the death of the donor) which has the effect
of revoking the power.

(6) In this section "purchaser" means a purchaser in good faith for valuable
consideration and includes a lessee, mortgagee or other person who, for
valuable consideration, acquires an interest in any property; and includes
also an intending purchaser.

(7) This section applies whenever the power of attorney was created but only
to acts and transactions after the commencement of this Act.


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

© 1971 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/poaai1971400/s4.html