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Simple English definitions for legal terms
illusory appointment
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A quick definition of illusory appointment:
An illusory appointment is when someone is given the power to decide who gets something, like a job or property, but they don't really have the power to make a fair decision. This can happen if the rules are too strict or if the person making the decision is not really free to choose. It can be hard to figure out if an appointment is illusory, so some courts don't like to use this idea.
A more thorough explanation:
An illusory appointment is a type of transfer of property under a power of appointment that is nominal, unduly restrictive, or conditional. It means that the transfer is not really effective or meaningful, and it may not accomplish the intended purpose of the transferor.
For example, if a person has the power to appoint property to their children, but they only appoint it to their son if he marries a specific person, that appointment may be considered illusory because it is too restrictive and conditional. Similarly, if a person appoints property to a trust, but the trust has no real beneficiaries or purpose, that appointment may also be illusory.
The concept of illusory appointments can be difficult to apply in practice because it is often subjective and depends on the specific circumstances of each case. However, it is important to ensure that appointments are not illusory to avoid confusion and disputes over property rights.