11.95A.370 – Exercise of power in favor of holder—Applicability.
RCW 11.95A.370 Exercise of power in favor of holder—Applicability. (1)(a) RCW 11.95A.350 and 11.95A.355 respectively apply to a power of appointment created: (i) Under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed after July 25, 1993, unless the terms of the instrument refer specifically to RCW […]
11.95A.375 – Exercise of power in favor of holder—Cause of action.
RCW 11.95A.375 Exercise of power in favor of holder—Cause of action. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action […]
11.95A.340 – Notice of exercise of testamentary power.
RCW 11.95A.340 Notice of exercise of testamentary power. Unless the person holding property subject to a testamentary power of appointment has within six months after the holder’s death received written notice that the powerholder’s last will has been admitted to probate or an adjudication of testacy has been entered with respect to the powerholder’s last […]
11.95A.350 – Exercise of power in favor of holder—Limitations.
RCW 11.95A.350 Exercise of power in favor of holder—Limitations. If the standard governing the exercise of a lifetime or a testamentary power of appointment does not clearly indicate that a broader or more restrictive power of appointment is intended, the holder of the power of appointment may exercise it in his or her favor only […]
11.95A.355 – Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.
RCW 11.95A.355 Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal. If the holder of a lifetime or testamentary power of appointment may exercise the power in his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or […]
11.95A.360 – Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.
RCW 11.95A.360 Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment. Notwithstanding any provision of RCW 11.95A.350 through 11.95A.375 seemingly to the contrary, RCW 11.95A.350 through 11.95A.375 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction […]
11.95A.365 – Exercise of power in favor of holder—Inference of law.
RCW 11.95A.365 Exercise of power in favor of holder—Inference of law. RCW 11.95A.350 through 11.95A.375 do not raise an inference that the law of this state prior to July 25, 1993, was different than contained in RCW 11.95A.350 through 11.95A.375. [ 2021 c 140 § 3608; 1993 c 339 § 10. Formerly RCW 11.95.130.] NOTES: […]
11.95A.240 – Permissible appointment.
RCW 11.95A.240 Permissible appointment. (1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder’s estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder’s own property. (2) A powerholder of […]
11.95A.250 – Appointment to deceased appointee or permissible appointee’s descendant.
RCW 11.95A.250 Appointment to deceased appointee or permissible appointee’s descendant. (1) Subject to RCW 11.12.110 and 11.12.120, an appointment to a deceased appointee is ineffective. (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or […]
11.95A.260 – Impermissible appointment.
RCW 11.95A.260 Impermissible appointment. (1) Except as otherwise provided in RCW 11.95A.250, an exercise of a power of appointment in favor of an impermissible appointee is ineffective. (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power. [ […]