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.100 – Creation of power of appointment.
RCW 11.95A.100 Creation of power of appointment. (1) A power of appointment is created only if: (a) The instrument creating the power: (i) Is valid under applicable law; and (ii) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and (b) The terms of the instrument creating the power manifest […]
11.95A.110 – Power not transferable.
RCW 11.95A.110 Power not transferable. A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses. [ 2021 c 140 § 3202.]
11.95A.120 – Presumption of unlimited authority.
RCW 11.95A.120 Presumption of unlimited authority. Subject to RCW 11.95A.140 and 11.95A.350 through 11.95A.375, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: (1) Presently exercisable; (2) Exclusionary; and (3) Except as otherwise provided in RCW 11.95A.130, general. [ 2021 c 140 § 3203.]
11.95A.130 – Presumption of unlimited authority—Exception.
RCW 11.95A.130 Presumption of unlimited authority—Exception. Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (1) The power is exercisable only at the powerholder’s death; and (2) The permissible appointees of the power are a defined and limited class that does not include the […]
11.95A.140 – Rules of classification.
RCW 11.95A.140 Rules of classification. (1) In this section, “adverse party” means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder’s exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the […]
11.95A.150 – Power to revoke or amend.
RCW 11.95A.150 Power to revoke or amend. A donor may revoke or amend a power of appointment only to the extent that: (1) The instrument creating the power is revocable by the donor; or (2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment. [ 2021 c […]
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 […]