11.95A.410 – Authority to release.
RCW 11.95A.410 Authority to release. A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release. [ 2021 c 140 § 3402.]
11.95A.420 – Method of release.
RCW 11.95A.420 Method of release. A powerholder of a releasable power of appointment may release the power in whole or in part: (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or (2) If the terms of the instrument creating the power do not provide a method […]
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.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 […]