reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.460 - Application of the federal electronic signatures in global and national commerce act.

RCW 11.90.460
Application of the federal electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2009 c 81 § 22.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.90 - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. › 11.90.470 - Application.

RCW 11.90.470
Application.
(1) This chapter applies to guardianship and protective proceedings filed on or after January 1, 2010.
(2) RCW 11.90.010 through 11.90.060 and 11.90.400 through 11.90.460 apply to proceedings filed before January 1, 2010, regardless of whether a guardianship or protective order has been issued.
[ 2009 c 81 § 23.]
NOTES:
Effective date—2009 c 81: See note following RCW 11.90.010.
2023 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.
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.]
2023 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.
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.]
2023 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.
(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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
(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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
(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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
(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.]
2023 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.
(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.]
2023 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.
(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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.]
2023 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.
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.
2023 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.
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.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.360 - Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.

RCW 11.95A.360
Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment.
Notwithstanding any provision of RCW 11.95A.350 through 11.95A.375 seemingly to the contrary, RCW 11.95A.350 through 11.95A.375 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.95A.350 through 11.95A.375 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
[ 2021 c 140 § 3607; 1993 c 339 § 9. Formerly RCW 11.95.120.]
NOTES:
Severability—1993 c 339: See note following RCW 11.98.200.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.365 - Exercise of power in favor of holder—Inference of law.

RCW 11.95A.365
Exercise of power in favor of holder—Inference of law.
RCW 11.95A.350 through 11.95A.375 do not raise an inference that the law of this state prior to July 25, 1993, was different than contained in RCW 11.95A.350 through 11.95A.375.
[ 2021 c 140 § 3608; 1993 c 339 § 10. Formerly RCW 11.95.130.]
NOTES:
Severability—1993 c 339: See note following RCW 11.98.200.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.375 - Exercise of power in favor of holder—Cause of action.

RCW 11.95A.375
Exercise of power in favor of holder—Cause of action.
RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that in either case relates to a power proscribed, limited, or qualified under RCW 11.95A.350 through 11.95A.370.
[ 2021 c 140 § 3610; 1993 c 339 § 12. Formerly RCW 11.95.150.]
NOTES:
Severability—1993 c 339: See note following RCW 11.98.200.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.400 - Disclaimer.

RCW 11.95A.400
Disclaimer.
As provided by chapter 11.86 RCW:
(1) A powerholder may disclaim all or part of a power of appointment.
(2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
[ 2021 c 140 § 3401.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.410 - Authority to release.

RCW 11.95A.410
Authority to release.
A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
[ 2021 c 140 § 3402.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.420 - Method of release.

RCW 11.95A.420
Method of release.
A powerholder of a releasable power of appointment may release the power in whole or in part:
(1) By substantial compliance with a method provided in the terms of the instrument creating the power; or
(2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.
[ 2021 c 140 § 3403.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.430 - Revocation or amendment of release.

RCW 11.95A.430
Revocation or amendment of release.
A powerholder may revoke or amend a release of a power of appointment only to the extent that:
(1) The instrument of release is revocable by the powerholder; or
(2) The powerholder reserves a power of revocation or amendment in the instrument of release.
[ 2021 c 140 § 3404.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.440 - Power to contract—Presently exercisable power of appointment.

RCW 11.95A.440
Power to contract—Presently exercisable power of appointment.
A powerholder of a presently exercisable power of appointment may contract:
(1) Not to exercise the power; or
(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
[ 2021 c 140 § 3405.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.450 - Power to contract—Power of appointment not presently exercisable.

RCW 11.95A.450
Power to contract—Power of appointment not presently exercisable.
A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
(1) Is also the donor of the power; and
(2) Has reserved the power in a revocable trust.
[ 2021 c 140 § 3406.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.460 - Remedy for breach of contract to appoint or not to appoint.

RCW 11.95A.460
Remedy for breach of contract to appoint or not to appoint.
The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
[ 2021 c 140 § 3407.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.500 - Creditor claims—General power created by powerholder.

RCW 11.95A.500
Creditor claims—General power created by powerholder.
(1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.
(2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in chapter 19.40 RCW.
(3) Subject to subsection (2) of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.
(4) Subject to subsections (2) and (3) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:
(a) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and
(b) The powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.
[ 2021 c 140 § 3501.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.510 - Creditor claims—General power not created by powerholder.

RCW 11.95A.510
Creditor claims—General power not created by powerholder.
(1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:
(a) The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and
(b) The powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.
(2) Subject to RCW 11.95A.530(3), a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Sec. 2041(b)(1)(A) or 26 U.S.C. Sec. 2514(c)(1), on January 1, 2022, is treated for purposes of RCW 11.95A.500 through 11.95A.530 as a nongeneral power.
[ 2021 c 140 § 3502.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › 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.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.530 - Creditor claims—Nongeneral power.

RCW 11.95A.530
Creditor claims—Nongeneral power.
(1) Except as otherwise provided in subsections (2) and (3) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.
(2) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of chapter 19.40 RCW.
(3) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this section and RCW 11.95A.500 through 11.95A.520 as a general power.
[ 2021 c 140 § 3504.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.900 - Uniformity of application and construction.

RCW 11.95A.900
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 140 § 3601.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.901 - Relation to electronic signatures in global and national commerce act.

RCW 11.95A.901
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2021 c 140 § 3602.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.902 - Application—Existing relationships.

RCW 11.95A.902
Application—Existing relationships.
(1) Except as otherwise provided in this chapter, on and after January 1, 2022:
(a) This chapter applies to a power of appointment created before, on, or after January 1, 2022;
(b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after January 1, 2022;
(c) This chapter applies to a judicial proceeding concerning a power of appointment commenced before January 1, 2022, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies;
(d) A rule of construction or presumption provided in this chapter applies to an instrument executed before January 1, 2022, unless there is a clear indication of a contrary intent in the terms of the instrument; and
(e) Except as otherwise provided in (a) through (d) of this subsection, an action done before January 1, 2022, is not affected by this chapter.
(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this chapter before January 1, 2022, the law continues to apply to the right.
[ 2021 c 140 § 3603.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.95A - Uniform Powers of Appointment Act. › 11.95A.903 - Effective date—2021 c 140 §§ 3101-3614.

RCW 11.95A.903
Effective date—2021 c 140 §§ 3101-3614.
Sections 3101 through 3614 of this act take effect January 1, 2022.
[ 2021 c 140 § 3616.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.010 - Purpose.

RCW 11.96A.010
Purpose.
The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and estates in a single chapter under Title 11 RCW. The provisions are intended to provide nonjudicial methods for the resolution of matters, such as mediation, arbitration, and agreement. The [This] chapter also provides for judicial resolution of disputes if other methods are unsuccessful.
[ 1999 c 42 § 102.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.020 - General power of courts—Intent—Plenary power of the court.

RCW 11.96A.020
General power of courts—Intent—Plenary power of the court.
(1) It is the intent of the legislature that the courts shall have full and ample power and authority under this title to administer and settle:
(a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters involving nonprobate assets and powers of attorney, in accordance with this title; and
(b) All trusts and trust matters.
(2) If this title should in any case or under any circumstance be inapplicable, insufficient, or doubtful with reference to the administration and settlement of the matters listed in subsection (1) of this section, the court nevertheless has full power and authority to proceed with such administration and settlement in any manner and way that to the court seems right and proper, all to the end that the matters be expeditiously administered and settled by the court.
[ 1999 c 42 § 103.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.040 - Original jurisdiction in probate and trust matters—Powers of court.

RCW 11.96A.040
Original jurisdiction in probate and trust matters—Powers of court.
(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:
(a) When a resident of the state dies;
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the state.
(2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts.
(3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets; administer and settle matters that relate to nonprobate assets and arise under chapter 11.18 or 11.42 RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section.
(4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.
[ 2001 c 203 § 9; 1999 c 42 § 201.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.060 - Exercise of powers—Orders, writs, process, etc.

RCW 11.96A.060
Exercise of powers—Orders, writs, process, etc.
The court may make, issue, and cause to be filed or served, any and all manner and kinds of orders, judgments, citations, notices, summons, and other writs and processes that might be considered proper or necessary in the exercise of the jurisdiction or powers given or intended to be given by this title.
[ 1999 c 42 § 203.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.080 - Persons entitled to judicial proceedings for declaration of rights or legal relations.

RCW 11.96A.080
Persons entitled to judicial proceedings for declaration of rights or legal relations.
(1) Subject to the provisions of RCW 11.96A.260 through 11.96A.320, any party may have a judicial proceeding for the declaration of rights or legal relations with respect to any matter, as defined by RCW 11.96A.030; the resolution of any other case or controversy that arises under the Revised Code of Washington and references judicial proceedings under this title; or the determination of the persons entitled to notice under RCW 11.96A.110 or 11.96A.120.
(2) The provisions of this chapter apply to disputes arising in connection with estates of individuals subject to conservatorship under RCW 11.130.360 unless otherwise covered by chapter 11.130 RCW. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in this title, including without limitation those contained in chapter 11.20, 11.24, 11.28, 11.40, 11.42, or 11.56 RCW. The provisions of this chapter shall not apply to actions for wrongful death under chapter 4.20 RCW.
[ 2020 c 312 § 714; 1999 c 42 § 301.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.090 - Judicial proceedings.

RCW 11.96A.090
Judicial proceedings.
(1) A judicial proceeding under this title is a special proceeding under the civil rules of court. The provisions of this title governing such actions control over any inconsistent provision of the civil rules.
(2) A judicial proceeding under this title must be commenced as a new action.
(3) Once commenced, the action may be consolidated with an existing proceeding upon the motion of a party for good cause shown, or by the court on its own motion.
(4) The procedural rules of court apply to judicial proceedings under this title only to the extent that they are consistent with this title, unless otherwise provided by statute or ordered by the court under RCW 11.96A.020 or 11.96A.050, or other applicable rules of court.
[ 2013 c 246 § 2; 1999 c 42 § 302.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.110 - Notice in judicial proceedings under this title requiring notice.

RCW 11.96A.110
Notice in judicial proceedings under this title requiring notice.
(1) Subject to RCW 11.96A.160, in all judicial proceedings under this title that require notice, the notice must be personally served on or mailed to all parties or the parties' legal or virtual representatives and to any other persons to whom notice may be required under applicable law at least twenty days before the hearing on the petition unless a different period is provided by statute or ordered by the court. The date of service shall be determined under the rules of civil procedure. Notwithstanding the foregoing, notice that is provided in an electronic transmission and electronically transmitted complies with this section if the party receiving notice has previously consented in a record delivered to the party giving notice to receiving notice by electronic transmission. Consent to receive notice by electronic transmission may be revoked at any time by a record delivered to the party giving notice. Consent is deemed revoked if the party giving notice is unable to electronically transmit two consecutive notices given in accordance with the consent.
(2) Proof of the service, mailing, or electronic delivery required in this section must be made by affidavit or declaration filed at or before the hearing.
(3) For the purposes of this title, the terms "electronic transmission" and "electronically transmitted" have the same meaning as set forth in RCW 23B.01.400.
[ 2021 c 140 § 4019; 2011 c 327 § 8; 1999 c 42 § 304.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.115 - Discovery.

RCW 11.96A.115
Discovery.
In all matters governed by this title, discovery shall be permitted only in the following matters:
(1) A judicial proceeding that places one or more specific issues in controversy that has been commenced under RCW 11.96A.100, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules; or
(2) A matter in which the court orders that discovery be permitted on a showing of good cause, in which case discovery shall be conducted in accordance with the superior court civil rules and applicable local rules unless otherwise limited by the order of the court.
[ 2006 c 360 § 11.]
NOTES:
Clarification of laws—Enforceability of act—Severability—2006 c 360: See notes following RCW 11.108.070.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.125 - Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.

RCW 11.96A.125
Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform.
The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were affected by a mistake of fact or law, whether in expression or inducement. This does not limit the ability to reform the will or trust using the binding nonjudicial procedures of RCW 11.96A.220.
[ 2013 c 272 § 6; 2011 c 327 § 11.]
NOTES:
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.127 - Charitable dispositions by will or trust.

RCW 11.96A.127
Charitable dispositions by will or trust.
(1) Except as otherwise provided in subsection (2) of this section, with respect to any charitable disposition made in a will or trust, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:
(a) The disposition does not fail, in whole or in part;
(b) The subject property does not revert to the alternative, residuary, or intestate heirs of the estate or, in the case of a trust, the trustor or the trustor's successors in interest; and
(c) The court may modify or terminate the trust by directing that the property be applied or distributed, in whole or in part, in a manner consistent with the testator's or trustor's charitable purposes.
(2) A provision in the terms of a will or charitable trust that would result in distribution of the property to a noncharitable beneficiary prevails over the power of the court under subsection (1) of this section to modify or terminate the will provision or trust only if, when the provision takes effect:
(a) The property is to revert to the trustor and the trustor is still living; or
(b) Fewer than twenty-one years have elapsed since the following:
(i) In the case of a charitable disposition in trust, the date of the trust's creation or the date the trust became irrevocable; or
(ii) In the case of a charitable disposition in a will, the death of the testator, in the case of a charitable disposition in a will.
(3) For purposes of this title, a charitable purpose is one for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to a community.
[ 2011 c 327 § 10.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.96A - Trust and Estate Dispute Resolution. › 11.96A.130 - Other notice requirements not impaired.

RCW 11.96A.130
Other notice requirements not impaired.
Nothing in this chapter eliminates the requirement to give notice to a person who has requested special notice under RCW 11.28.240 or notice under RCW 11.130.080.
[ 2020 c 312 § 716; 1999 c 42 § 306.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.