RCW 11.95A.370
Exercise of power in favor of holder—Applicability.
(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 specifically to RCW 11.95A.350 or 11.95A.355 respectively and provide expressly to the contrary; or
(ii) Under a testamentary trust, trust agreement, or declaration of trust executed before July 25, 1993, unless:
(A) The trust is revoked, or amended to provide otherwise, and the terms of any amendment specifically refer to RCW 11.95A.350 or 11.95A.355, respectively, and provide expressly to the contrary;
(B) All parties in interest, as defined in RCW 11.98.240(3), elect affirmatively, in the manner prescribed in RCW 11.98.240(4), not to be subject to the application of this subsection. The election must be made by the later of September 1, 2000, or three years after the date on which the trust becomes irrevocable; or
(C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080 obtains a judicial determination that the application of this subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, for the purposes of this section a codicil to a will, an amendment to a trust, or an amendment to another instrument that created the power of appointment in question shall not be deemed to cause that instrument to be executed after July 25, 1993, unless the codicil or amendment clearly shows an intent to have RCW 11.95A.350 or 11.95A.355 apply.
(2) Notwithstanding subsection (1) of this section, RCW 11.95A.350 through 11.95A.375 shall apply to a power of appointment created under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed prior to July 25, 1993, if the person who created the power of appointment had on July 25, 1993, the power to revoke, amend, or modify the instrument creating the power of appointment, unless:
(a) The terms of the instrument specifically refer to RCW 11.95A.350 or 11.95A.355 respectively and provide expressly to the contrary; or
(b) The person creating the power of appointment was not competent, on July 25, 1993, to revoke, amend, or modify the instrument creating the power of appointment and did not regain his or her competence to revoke, amend, or modify the instrument creating the power of appointment on or before his or her death or before the time at which the instrument could no longer be revoked, amended, or modified by the person.
(3) For purposes of this section, a reference in an instrument to:
(a) RCW 11.95.100 is a reference to RCW 11.95A.350; and
(b) RCW 11.95.110 is a reference to RCW 11.95A.355.
[ 2021 c 140 § 3609; 1999 c 42 § 617; 1997 c 252 § 74; 1993 c 339 § 11. Formerly RCW 11.95.140.]
NOTES:
Effective date—1999 c 42: See RCW 11.96A.902.
Severability—1993 c 339: See note following RCW 11.98.200.
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.