11.95A.902 – Application—Existing relationships.
RCW 11.95A.902 Application—Existing relationships. (1) Except as otherwise provided in this chapter, on and after January 1, 2022: (a) This chapter applies to a power of appointment created before, on, or after January 1, 2022; (b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after January 1, 2022; […]
11.95A.903 – Effective date—2021 c 140 §§ 3101-3614.
RCW 11.95A.903 Effective date—2021 c 140 §§ 3101-3614. Sections 3101 through 3614 of this act take effect January 1, 2022. [ 2021 c 140 § 3616.]
11.95A.430 – Revocation or amendment of release.
RCW 11.95A.430 Revocation or amendment of release. A powerholder may revoke or amend a release of a power of appointment only to the extent that: (1) The instrument of release is revocable by the powerholder; or (2) The powerholder reserves a power of revocation or amendment in the instrument of release. [ 2021 c 140 […]
11.95A.440 – Power to contract—Presently exercisable power of appointment.
RCW 11.95A.440 Power to contract—Presently exercisable power of appointment. A powerholder of a presently exercisable power of appointment may contract: (1) Not to exercise the power; or (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee. [ 2021 c 140 § 3405.]
11.95A.450 – Power to contract—Power of appointment not presently exercisable.
RCW 11.95A.450 Power to contract—Power of appointment not presently exercisable. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder: (1) Is also the donor of the power; and (2) Has reserved the power in a revocable trust. [ […]
11.95A.460 – Remedy for breach of contract to appoint or not to appoint.
RCW 11.95A.460 Remedy for breach of contract to appoint or not to appoint. The remedy for a powerholder’s breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract. [ 2021 c 140 § 3407.]
11.95A.500 – Creditor claims—General power created by powerholder.
RCW 11.95A.500 Creditor claims—General power created by powerholder. (1) In this section, “power of appointment created by the powerholder” includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer. (2) Appointive property subject to a general power of appointment created by the powerholder […]
11.95A.510 – Creditor claims—General power not created by powerholder.
RCW 11.95A.510 Creditor claims—General power not created by powerholder. (1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of: (a) The powerholder, to the extent the powerholder’s property […]
11.95A.520 – Power to withdraw.
RCW 11.95A.520 Power to withdraw. (1) For purposes of RCW 11.95A.500 through 11.95A.530, and except as otherwise provided in subsection (2) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the […]
11.95A.530 – Creditor claims—Nongeneral power.
RCW 11.95A.530 Creditor claims—Nongeneral power. (1) Except as otherwise provided in subsections (2) and (3) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder’s estate. (2) Appointive property subject to a nongeneral power of appointment is subject to […]