reglab/housing_qa huggingface dataset:
WA Rev Code § 11.95.160 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95 - Powers of Appointment.|11.95.160 - Lapse of a power—Intent not to exercise a power—Treatment.

RCW 11.95.160 Lapse of a power—Intent not to exercise a power—Treatment. (Effective until January 1, 2022.)A person shall not be treated as having made a disposition in trust for the use of that individual by reason of a lapse of a power of withdrawal over the income or corpus of a trust created by another person. For this purpose, notification to the trustee of the trust of an intent not to exercise the power of withdrawal shall not be treated as a release of the power of withdrawal, but shall be treated as a lapse of the power.[ 2006 c 360 § 12.]NOTES:Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.
WA Rev Code § 11.95.900 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95 - Powers of Appointment.|11.95.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 11.95.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. (Effective until January 1, 2022.)For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.[ 2009 c 521 § 38.]
WA Rev Code § 11.95A.001 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.001 - Short title.

RCW 11.95A.001 Short title. (Effective January 1, 2022.)This chapter may be known and cited as the uniform powers of appointment act.[ 2021 c 140 § 3101.]
WA Rev Code § 11.95A.020 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.020 - Governing law.

RCW 11.95A.020 Governing law. (Effective January 1, 2022.)Unless the terms of the instrument creating a power of appointment manifest a contrary intent:(1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the time the action is taken; and(2) The exercise, release, lapse, or disclaimer of the power, or the revocation or amendment of the exercise, release, lapse, or disclaimer of the power, is governed by the law of the powerholder's domicile at the time the action is taken.[ 2021 c 140 § 3103.]
WA Rev Code § 11.95A.030 (2021)
2021 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.

RCW 11.95A.030 Common law and principles of equity supplement. (Effective January 1, 2022.)The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.[ 2021 c 140 § 3104.]
WA Rev Code § 11.95A.100 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.100 - Creation of power of appointment.

RCW 11.95A.100 Creation of power of appointment. (Effective January 1, 2022.)(1) A power of appointment is created only if:(a) The instrument creating the power:(i) Is valid under applicable law; and(ii) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and(b) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.(2) Subsection (1)(a)(ii) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.(3) A power of appointment may not be created in a deceased individual.(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.[ 2021 c 140 § 3201.]
WA Rev Code § 11.95A.110 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.110 - Power not transferable.

RCW 11.95A.110 Power not transferable. (Effective January 1, 2022.)A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.[ 2021 c 140 § 3202.]
WA Rev Code § 11.95A.120 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.120 - Presumption of unlimited authority.

RCW 11.95A.120 Presumption of unlimited authority. (Effective January 1, 2022.)Subject to RCW 11.95A.140 and 11.95A.350 through 11.95A.375, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:(1) Presently exercisable;(2) Exclusionary; and(3) Except as otherwise provided in RCW 11.95A.130, general.[ 2021 c 140 § 3203.]
WA Rev Code § 11.95A.130 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.130 - Presumption of unlimited authority—Exception.

RCW 11.95A.130 Presumption of unlimited authority—Exception. (Effective January 1, 2022.)Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:(1) The power is exercisable only at the powerholder's death; and(2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.[ 2021 c 140 § 3204.]
WA Rev Code § 11.95A.140 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.140 - Rules of classification.

RCW 11.95A.140 Rules of classification. (Effective January 1, 2022.)(1) In this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.(2) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.(3) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.[ 2021 c 140 § 3205.]
WA Rev Code § 11.95A.150 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.150 - Power to revoke or amend.

RCW 11.95A.150 Power to revoke or amend. (Effective January 1, 2022.)A donor may revoke or amend a power of appointment only to the extent that:(1) The instrument creating the power is revocable by the donor; or(2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.[ 2021 c 140 § 3206.]
WA Rev Code § 11.95A.200 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.200 - Requisites for exercise of power of appointment.

RCW 11.95A.200 Requisites for exercise of power of appointment. (Effective January 1, 2022.)A power of appointment is exercised only:(1) If the instrument exercising the power is valid under applicable law;(2) If the terms of the instrument exercising the power:(a) Manifest the powerholder's intent to exercise the power; and(b) Subject to RCW 11.95A.230, satisfy the requirements of exercise, if any, imposed by the donor; and(3) To the extent the appointment is a permissible exercise of the power.[ 2021 c 140 § 3301.]
WA Rev Code § 11.95A.210 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.210 - Intent to exercise—Determining intent from residuary clause.

RCW 11.95A.210 Intent to exercise—Determining intent from residuary clause. (Effective January 1, 2022.)(1) In this section:(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.(b) "Will" includes a codicil and a testamentary instrument that revises another will.(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;(b) The power is a general power exercisable in favor of the powerholder's estate;(c) There is no gift-in-default clause or the clause is ineffective; and(d) The powerholder did not release the power.[ 2021 c 140 § 3302.]
WA Rev Code § 11.95A.220 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.220 - Intent to exercise—After-acquired power.

RCW 11.95A.220 Intent to exercise—After-acquired power. (Effective January 1, 2022.)Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:(1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and(2) If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.[ 2021 c 140 § 3303.]
WA Rev Code § 11.95A.230 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.230 - Substantial compliance with donor-imposed formal requirement.

RCW 11.95A.230 Substantial compliance with donor-imposed formal requirement. (Effective January 1, 2022.)A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:(1) The powerholder knows of and intends to exercise the power; and(2) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.[ 2021 c 140 § 3304.]
WA Rev Code § 11.95A.240 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.240 - Permissible appointment.

RCW 11.95A.240 Permissible appointment. (Effective January 1, 2022.)(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.(2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.(3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:(a) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;(b) Create a general power in a permissible appointee;(c) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; or(d) Create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.[ 2021 c 140 § 3305.]
WA Rev Code § 11.95A.250 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.250 - Appointment to deceased appointee or permissible appointee's descendant.

RCW 11.95A.250 Appointment to deceased appointee or permissible appointee's descendant. (Effective January 1, 2022.)(1) Subject to RCW 11.12.110 and 11.12.120, an appointment to a deceased appointee is ineffective.(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.[ 2021 c 140 § 3306.]
WA Rev Code § 11.95A.260 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.260 - Impermissible appointment.

RCW 11.95A.260 Impermissible appointment. (Effective January 1, 2022.)(1) Except as otherwise provided in RCW 11.95A.250, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.(2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.[ 2021 c 140 § 3307.]
WA Rev Code § 11.95A.270 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.270 - Selective allocation doctrine.

RCW 11.95A.270 Selective allocation doctrine. (Effective January 1, 2022.)If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.[ 2021 c 140 § 3308.]
WA Rev Code § 11.95A.280 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.280 - Capture doctrine—Disposition of ineffectively appointed property under general power.

RCW 11.95A.280 Capture doctrine—Disposition of ineffectively appointed property under general power. (Effective January 1, 2022.)To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:(1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:(a) Passes to:(i) The powerholder if the powerholder is a permissible appointee and living; or(ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; 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 § 3309.]
WA Rev Code § 11.95A.290 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.290 - Disposition of unappointed property—Released or unexercised general power.

RCW 11.95A.290 Disposition of unappointed property—Released or unexercised general power. (Effective January 1, 2022.)To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:(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:(a) Except as otherwise provided in (b) of this subsection, the unappointed property passes to:(i) The powerholder if the powerholder is a permissible appointee and living; or(ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or(b) To the extent the powerholder released the power, or if there is no taker under (a) of this subsection, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.[ 2021 c 140 § 3310.]
WA Rev Code § 11.95A.300 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|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. (Effective January 1, 2022.)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.]
WA Rev Code § 11.95A.310 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.310 - Disposition of unappointed property—Partial appointment to taker in default.

RCW 11.95A.310 Disposition of unappointed property—Partial appointment to taker in default. (Effective January 1, 2022.)Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.[ 2021 c 140 § 3312.]
WA Rev Code § 11.95A.320 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.320 - Appointment to taker in default.

RCW 11.95A.320 Appointment to taker in default. (Effective January 1, 2022.)If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same manner and with the same conditions under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee takes under the clause.[ 2021 c 140 § 3313.]
WA Rev Code § 11.95A.330 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.330 - Powerholder's authority to revoke or amend exercise.

RCW 11.95A.330 Powerholder's authority to revoke or amend exercise. (Effective January 1, 2022.)A powerholder may revoke or amend an exercise of a power of appointment only to the extent that:(1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not prohibit the reservation; or(2) The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.[ 2021 c 140 § 3314.]
WA Rev Code § 11.95A.340 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.340 - Notice of exercise of testamentary power.

RCW 11.95A.340 Notice of exercise of testamentary power. (Effective January 1, 2022.)Unless the person holding property subject to a testamentary power of appointment has within six months after the holder's death received written notice that the powerholder's last will has been admitted to probate or an adjudication of testacy has been entered with respect to the powerholder's last will in some jurisdiction, the person may, until the time the notice is received, transfer the property subject to appointment on the basis that the power has not been effectively exercised.[ 2021 c 140 § 3315.]
WA Rev Code § 11.95A.350 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.350 - Exercise of power in favor of holder—Limitations.

RCW 11.95A.350 Exercise of power in favor of holder—Limitations. (Effective January 1, 2022.)If the standard governing the exercise of a lifetime or a testamentary power of appointment does not clearly indicate that a broader or more restrictive power of appointment is intended, the holder of the power of appointment may exercise it in his or her favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under the section.[ 1993 c 339 § 7. Formerly RCW 11.95.100.]NOTES:Severability—1993 c 339: See note following RCW 11.98.200.
WA Rev Code § 11.95A.355 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.95A - Uniform Powers of Appointment Act.|11.95A.355 - Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.

RCW 11.95A.355 Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal. (Effective January 1, 2022.)If the holder of a lifetime or testamentary power of appointment may exercise the power in his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a provision of the instrument creating the power of appointment that purports to confer "absolute," "sole," "complete," "conclusive," or a similar discretion shall be disregarded in the exercise of that power in favor of the holder, and that power may then only be exercised reasonably and in accordance with the ascertainable standards set forth in RCW 11.95A.350 and this section. A person who has the right to remove or replace a trustee does not possess nor may the person be deemed to possess, by virtue of having that right, the power of the trustee who is subject to removal or to replacement.[ 2021 c 140 § 3606; 1993 c 339 § 8. Formerly RCW 11.95.110.]NOTES:Severability—1993 c 339: See note following RCW 11.98.200.