§ 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
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Washington Code > Chapter 11.95A - Uniform powers of appointment act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Codicil: means a will that modifies or partially revokes an existing earlier will. See Washington Code 11.02.005
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Donor: The person who makes a gift.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Internal revenue code: means the United States internal revenue code of 1986, as amended or renumbered as of January 1, 2001. See Washington Code 11.02.005
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Washington Code 11.02.005
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11. See Washington Code 11.02.005
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Trustor: means a person, including a testator, who creates, or contributes property to, a trust. See Washington Code 11.02.005