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.290 – Disposition of unappointed property—Released or unexercised general power.
RCW 11.95A.290 Disposition of unappointed property—Released or unexercised general power. To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is no […]
11.95A.300 – Disposition of unappointed property—Released or unexercised nongeneral power.
RCW 11.95A.300 Disposition of unappointed property—Released or unexercised nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the […]
11.95A.310 – Disposition of unappointed property—Partial appointment to taker in default.
RCW 11.95A.310 Disposition of unappointed property—Partial appointment to taker in default. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property. […]
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 […]