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 […]
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 […]
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 […]
RCW 11.95A.230 Substantial compliance with donor-imposed formal requirement. A powerholder’s substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) The powerholder knows of and intends to exercise the power; […]
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 […]
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 […]
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. [ […]
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.]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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: […]
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 […]
