Revised Code of Washington
2023 Archive

Chapter 11.95A RCW
UNIFORM POWERS OF APPOINTMENT ACT
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Sections
ARTICLE 1
GENERAL PROVISIONS
11.95A.001Short title.
11.95A.010Definitions.
11.95A.020Governing law.
11.95A.030Common law and principles of equity supplement.
ARTICLE 2
CREATION, REVOCATION, AND AMENDMENT OF POWER OF APPOINTMENT
11.95A.100Creation of power of appointment.
11.95A.110Power not transferable.
11.95A.120Presumption of unlimited authority.
11.95A.130Presumption of unlimited authority—Exception.
11.95A.140Rules of classification.
11.95A.150Power to revoke or amend.
ARTICLE 3
EXERCISE OF POWER OF APPOINTMENT
11.95A.200Requisites for exercise of power of appointment.
11.95A.210Intent to exercise—Determining intent from residuary clause.
11.95A.220Intent to exercise—After-acquired power.
11.95A.230Substantial compliance with donor-imposed formal requirement.
11.95A.240Permissible appointment.
11.95A.250Appointment to deceased appointee or permissible appointee's descendant.
11.95A.260Impermissible appointment.
11.95A.270Selective allocation doctrine.
11.95A.280Capture doctrine—Disposition of ineffectively appointed property under general power.
11.95A.290Disposition of unappointed property—Released or unexercised general power.
11.95A.300Disposition of unappointed property—Released or unexercised nongeneral power.
11.95A.310Disposition of unappointed property—Partial appointment to taker in default.
11.95A.320Appointment to taker in default.
11.95A.330Powerholder's authority to revoke or amend exercise.
11.95A.340Notice of exercise of testamentary power.
11.95A.350Exercise of power in favor of holder—Limitations.
11.95A.355Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.
11.95A.360Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.
11.95A.365Exercise of power in favor of holder—Inference of law.
11.95A.370Exercise of power in favor of holder—Applicability.
11.95A.375Exercise of power in favor of holder—Cause of action.
ARTICLE 4
DISCLAIMER OR RELEASE—CONTRACT TO APPOINT OR NOT TO APPOINT
11.95A.400Disclaimer.
11.95A.410Authority to release.
11.95A.420Method of release.
11.95A.430Revocation or amendment of release.
11.95A.440Power to contract—Presently exercisable power of appointment.
11.95A.450Power to contract—Power of appointment not presently exercisable.
11.95A.460Remedy for breach of contract to appoint or not to appoint.
ARTICLE 5
RIGHTS OF POWERHOLDER'S CREDITORS IN APPOINTIVE PROPERTY
11.95A.500Creditor claims—General power created by powerholder.
11.95A.510Creditor claims—General power not created by powerholder.
11.95A.520Power to withdraw.
11.95A.530Creditor claims—Nongeneral power.
ARTICLE 6
MISCELLANEOUS PROVISIONS
11.95A.900Uniformity of application and construction.
11.95A.901Relation to electronic signatures in global and national commerce act.
11.95A.902Application—Existing relationships.
11.95A.903Effective date—2021 c 140 §§ 3101-3614.