Formality Legal Definition

The word "formality" was defined in Black's Law Dictionary, 7th Edition as: Small points of practice that, though seemingly unimportant, must be observed to achieve a particular result. The Fifth Edition of Black's included, "term generally refers to 'procedure' in contrast to 'substance'." the statutes use the word "formalities" in two other instances. The first, in Section 299.2, deals with the execution of an instrument which creates the power of appointment. the second, Section 299.3, relates to formalities of execution of the instrument purporting to exercise the power of appointment. Clearly, the second sentence of Section 299.4 accomplishes the elimination of the need for any additional formality in the execution of the document creating the power of appointment. This construction is supported by the author of the Bill leading to the enactment of Section 299.4 and Professor Rarick. Joseph F. Rarick and Robert Henry, the Oklahoma Powers of Appointment Act of 1977, 32 Okla. L. Rev. 787, 796-97 (1979). There, the authors note that Section 299.4 deals with matters of execution and simply avoids pitfalls attendant to failure to follow the rules regarding execution of the applicable instrument. In summary, under this construction, Section 299.4 simplifies the requirements for execution of a document creating a power of appointment or a document exercising the power of appointment.