Define: Power Virtute Officii

“Power Virtute Officii” is a Latin phrase that translates to “power by virtue of office” in English. It refers to the authority or influence that an individual holds solely because of the position they occupy within an organisation, institution, or hierarchy. This concept emphasises that certain powers or privileges are inherent to a particular role or title, rather than being derived from personal qualities or actions. In essence, it underscores the idea that authority comes from the position one holds rather than personal merit or abilities.

A power of appointment held under a trust by a trustee; ‘virtute officii’ implies that it is the office of trusteeship that holds the power, not any particular person. Because the power is held by a trustee, who has a fiduciary responsibility to the beneficiaries, the trustee must at least consider the possibility of exercising that power. In contrast, a power nominatum, assigned to an individual in his private capacity, is not associated with any fiduciary obligations and need not be exercised. An exception here is a power in the nature of a trust, to which a strong expectation of exercise is attached, the result of which is possible enforcement by the courts.

See power of appointment, power nominatum, power in the nature of a trust.

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This glossary post was last updated: 29th March, 2024.