Washington Code 11.95A.210 – Intent to exercise — Determining intent from residuary clause
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(1) In this section:
Terms Used In Washington Code 11.95A.210
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
(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.