RCW 11.95A.010
Definitions.
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 to a power of appointment.
(3) "Blanket-exercise clause" means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term includes a clause that:
(a) Expressly uses the words "any power" in exercising any power of appointment the powerholder has;
(b) Expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or
(c) Disposes of all property subject to disposition by the powerholder.
(4) "Donor" means a person that creates a power of appointment.
(5) "Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.
(6) "General power of appointment" means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(7) "Gift-in-default clause" means a clause identifying a taker in default of appointment.
(8) "Impermissible appointee" means a person that is not a permissible appointee.
(9) "Instrument" means a record.
(10) "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment.
(11) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.
(12) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(13) "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney.
(14) "Powerholder" means a person in which a donor creates a power of appointment.
(15) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time. The term:
(a) Includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:
(i) The occurrence of the specified event;
(ii) The satisfaction of the ascertainable standard; or
(iii) The passage of the specified time; and
(b) Does not include a power exercisable only at the powerholder's death.
(16) "Specific-exercise clause" means a clause in an instrument which specifically refers to and exercises a particular power of appointment.
(17) "Taker in default of appointment" means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.
(18) "Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
[ 2021 c 140 § 3102.]
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.95A - Uniform Powers of Appointment Act.
11.95A.030 - Common law and principles of equity supplement.
11.95A.100 - Creation of power of appointment.
11.95A.110 - Power not transferable.
11.95A.120 - Presumption of unlimited authority.
11.95A.130 - Presumption of unlimited authority—Exception.
11.95A.140 - Rules of classification.
11.95A.150 - Power to revoke or amend.
11.95A.200 - Requisites for exercise of power of appointment.
11.95A.210 - Intent to exercise—Determining intent from residuary clause.
11.95A.220 - Intent to exercise—After-acquired power.
11.95A.230 - Substantial compliance with donor-imposed formal requirement.
11.95A.240 - Permissible appointment.
11.95A.250 - Appointment to deceased appointee or permissible appointee's descendant.
11.95A.260 - Impermissible appointment.
11.95A.270 - Selective allocation doctrine.
11.95A.280 - Capture doctrine—Disposition of ineffectively appointed property under general power.
11.95A.290 - Disposition of unappointed property—Released or unexercised general power.
11.95A.300 - Disposition of unappointed property—Released or unexercised nongeneral power.
11.95A.310 - Disposition of unappointed property—Partial appointment to taker in default.
11.95A.320 - Appointment to taker in default.
11.95A.330 - Powerholder's authority to revoke or amend exercise.
11.95A.340 - Notice of exercise of testamentary power.
11.95A.350 - Exercise of power in favor of holder—Limitations.
11.95A.365 - Exercise of power in favor of holder—Inference of law.
11.95A.370 - Exercise of power in favor of holder—Applicability.
11.95A.375 - Exercise of power in favor of holder—Cause of action.
11.95A.410 - Authority to release.
11.95A.420 - Method of release.
11.95A.430 - Revocation or amendment of release.
11.95A.440 - Power to contract—Presently exercisable power of appointment.
11.95A.450 - Power to contract—Power of appointment not presently exercisable.
11.95A.460 - Remedy for breach of contract to appoint or not to appoint.
11.95A.500 - Creditor claims—General power created by powerholder.
11.95A.510 - Creditor claims—General power not created by powerholder.
11.95A.520 - Power to withdraw.
11.95A.530 - Creditor claims—Nongeneral power.
11.95A.900 - Uniformity of application and construction.
11.95A.901 - Relation to electronic signatures in global and national commerce act.