RCW 11.95A.300: Disposition of unappointed property—Released or unexercised nongeneral power.

RCWs > Title 11 > Chapter 11.95A > Section 11.95A.300

These documents are currently being revised to incorporate the changes made during the 2024 Legislative Session. Please consult the Sections Affected Table for changes made during the 2024 Legislative Session.

11.95A.290 << 11.95A.300 >> 11.95A.310

PDFRCW 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.]