11.95A.320 – Appointment to taker in default.
RCW 11.95A.320 Appointment to taker in default. If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same manner and with the same conditions under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to […]
11.95A.330 – Powerholder’s authority to revoke or amend exercise.
RCW 11.95A.330 Powerholder’s authority to revoke or amend exercise. A powerholder may revoke or amend an exercise of a power of appointment only to the extent that: (1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the […]
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. [ […]
11.95A.270 – Selective allocation doctrine.
RCW 11.95A.270 Selective allocation doctrine. If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder’s intent. [ 2021 c 140 § 3308.]
11.95A.280 – Capture doctrine—Disposition of ineffectively appointed property under general power.
RCW 11.95A.280 Capture doctrine—Disposition of ineffectively appointed property under general power. To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: (1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or (2) If there […]
11.95A.200 – Requisites for exercise of power of appointment.
RCW 11.95A.200 Requisites for exercise of power of appointment. A power of appointment is exercised only: (1) If the instrument exercising the power is valid under applicable law; (2) If the terms of the instrument exercising the power: (a) Manifest the powerholder’s intent to exercise the power; and (b) Subject to RCW 11.95A.230, satisfy the […]
11.95A.210 – Intent to exercise—Determining intent from residuary clause.
RCW 11.95A.210 Intent to exercise—Determining intent from residuary clause. (1) In this section: (a) “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. (b) “Will” includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powerholder’s will, or a comparable clause […]
11.95A.220 – Intent to exercise—After-acquired power.
RCW 11.95A.220 Intent to exercise—After-acquired power. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and (2) If the powerholder […]