Revised Code of Washington
Chapter 11.95A - Uniform Powers of Appointment Act.
11.95A.520 - Power to withdraw.

RCW 11.95A.520
Power to withdraw.

(1) For purposes of RCW 11.95A.500 through 11.95A.530, and except as otherwise provided in subsection (2) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
(2) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Sec. 2041(b)(2) and 26 U.S.C. Sec. 2514(e) or the amount specified in 26 U.S.C. Sec. 2503(b), on January 1, 2022.

[ 2021 c 140 § 3503.]

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.