Revised Code of Washington
Chapter 11.95A - Uniform Powers of Appointment Act.
11.95A.300 - Disposition of unappointed property—Released or unexercised nongeneral power.

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 unappointed property:
(a) Passes to the permissible appointees if:
(i) The permissible appointees are defined and limited; and
(ii) The terms of the instrument creating the power do not manifest a contrary intent; or
(b) If there is no taker under (a) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

[ 2021 c 140 § 3311.]

Structure Revised Code of Washington

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.95A - Uniform Powers of Appointment Act.

11.95A.001 - Short title.

11.95A.010 - Definitions.

11.95A.020 - Governing law.

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.355 - Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.

11.95A.360 - Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.

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.400 - Disclaimer.

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.

11.95A.902 - Application—Existing relationships.

11.95A.903 - Effective date—2021 c 140 §§ 3101-3614.