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Chapter 11.95A RCW

UNIFORM POWERS OF APPOINTMENT ACT

Sections

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