Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.95A.001 Short title.
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This chapter may be known and cited as the uniform powers of appointment act.[ 2021 c 140 s 3101.]
RCW 11.95A.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Appointee" means a person to which a powerholder makes an appointment of appointive property.(2) "Appointive property" means the property or property interest subject …
RCW 11.95A.020 Governing law.
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Unless the terms of the instrument creating a power of appointment manifest a contrary intent:(1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the time the action is taken; and(2) The exercise, release, lapse, or disclaimer…
RCW 11.95A.030 Common law and principles of equity supplement.
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The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.[ 2021 c 140 s 3104.]
RCW 11.95A.100 Creation of power of appointment.
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(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 …
RCW 11.95A.110 Power not transferable.
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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 s 3202.]
RCW 11.95A.120 Presumption of unlimited authority.
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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.…
RCW 11.95A.130 Presumption of unlimited authority—Exception.
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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 inc…
RCW 11.95A.140 Rules of classification.
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(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 p…
RCW 11.95A.150 Power to revoke or amend.
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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 140 s 3206.]
RCW 11.95A.200 Requisites for exercise of power of appointment.
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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 req…
RCW 11.95A.210 Intent to exercise—Determining intent from residuary clause.
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(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, …
RCW 11.95A.220 Intent to exercise—After-acquired power.
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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 t…
RCW 11.95A.230 Substantial compliance with donor-imposed formal requirement.
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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 a…
RCW 11.95A.240 Permissible appointment.
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(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 powe…
RCW 11.95A.250 Appointment to deceased appointee or permissible appointee's descendant.
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(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 create a…
RCW 11.95A.260 Impermissible appointment.
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(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…
RCW 11.95A.270 Selective allocation doctrine.
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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 s 3308.]
RCW 11.95A.280 Capture doctrine—Disposition of ineffectively appointed property under general power.
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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.
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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 gift-in-defaul…
RCW 11.95A.300 Disposition of unappointed property—Released or unexercised nongeneral power.
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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 in…
RCW 11.95A.310 Disposition of unappointed property—Partial appointment to taker in default.
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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.[ 20…
RCW 11.95A.320 Appointment to taker in default.
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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.
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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 instrument creat…
RCW 11.95A.340 Notice of exercise of testamentary power.
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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 th…
RCW 11.95A.350 Exercise of power in favor of holder—Limitations.
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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 for his or he…
RCW 11.95A.355 Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.
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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 2514 of the Internal Revenue Code and the applicable regulations adopted …
RCW 11.95A.360 Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.
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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 under sec…
RCW 11.95A.365 Exercise of power in favor of holder—Inference of law.
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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 s 3608; 1993 c 339 s 10. Formerly RCW 11.95.130.]Notes:Severability—1993 c 339: See note f…
RCW 11.95A.370 Exercise of power in favor of holder—Applicability.
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(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 speci…
RCW 11.95A.375 Exercise of power in favor of holder—Cause of action.
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RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an exi…
RCW 11.95A.400 Disclaimer.
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As provided by chapter 11.86 RCW:(1) A powerholder may disclaim all or part of a power of appointment.(2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.[ 2021 c 140 s 3401.]
RCW 11.95A.410 Authority to release.
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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 s 3402.]
RCW 11.95A.420 Method of release.
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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 or …
RCW 11.95A.430 Revocation or amendment of release.
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A powerholder may revoke or amend a release of a power of appointment only to the extent that:(1) The instrument of release is revocable by the powerholder; or(2) The powerholder reserves a power of revocation or amendment in the instrument of release.[ 2021 c 140 s 3404.]
RCW 11.95A.440 Power to contract—Presently exercisable power of appointment.
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A powerholder of a presently exercisable power of appointment may contract:(1) Not to exercise the power; or(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.[ 2021 c 140 s 3405.]
RCW 11.95A.450 Power to contract—Power of appointment not presently exercisable.
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A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:(1) Is also the donor of the power; and(2) Has reserved the power in a revocable trust.[ 2021 c 140 s 3406.]
RCW 11.95A.460 Remedy for breach of contract to appoint or not to appoint.
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The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.[ 2021 c 140 s 3407.]
RCW 11.95A.500 Creditor claims—General power created by powerholder.
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(1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.(2) Appointive property subject to a general power of appointment created…
RCW 11.95A.510 Creditor claims—General power not created by powerholder.
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(1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:(a) The powerholder, to the extent the powerholder's property is…
RCW 11.95A.520 Power to withdraw.
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(1) For purposes of RCW 11.95A.500 through 11.95A.530, and except as otherwise provided in subsection (2) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to …
RCW 11.95A.530 Creditor claims—Nongeneral power.
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(1) Except as otherwise provided in subsections (2) and (3) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.(2) Appointive property subject to a nongeneral power …
RCW 11.95A.900 Uniformity of application and construction.
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2021 c 140 s 3601.]
RCW 11.95A.901 Relation to electronic signatures in global and national commerce act.
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This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the not…
RCW 11.95A.902 Application—Existing relationships.
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(1) Except as otherwise provided in this chapter, on and after January 1, 2022:(a) This chapter applies to a power of appointment created before, on, or after January 1, 2022;(b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after…
RCW 11.95A.903 Effective date—2021 c 140 ss 3101-3614.
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Sections 3101 through 3614 of this act take effect January 1, 2022.[ 2021 c 140 s 3616.]