S-1890.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5804

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Johnson and Long; by request of Secretary of State)

Read first time 02/28/95.

Clarifying procedures for release of a power of appointment.

     AN ACT Relating to release of power of appointment; amending RCW 11.95.030; and repealing RCW 11.95.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 11.95.030 and 1985 c 30 s 33 are each amended to read as follows:

(1) In order to be effective as a release of a power, the instrument of release must be delivered to any trustee or co-trustee of the property, and the person holding the property, to which the power relates.  ((Delivery of))

(2) In addition to the delivery required under subsection (1) of this section, a copy of the instrument of release may be ((made to the secretary of state)) published in a legal newspaper of general circulation in the county in which all or the greatest portion of the property is located at least once within thirty days of the delivery required under subsection (1) of this section, which shall from the time of ((delivery)) publication constitute notice of the release to all other persons.

NEW SECTION. Sec. 2.  RCW 11.95.050 and 1985 c 30 s 35 are each repealed.

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