Wash. Rev. Code § 11.95A.210

Current through 2024
Section 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.

RCW 11.95A.210

Added by 2021 c 140,§ 3302, eff. 1/1/2022.