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:

Terms Used In Washington Code 11.95A.450

  • Contract: A legal written agreement that becomes binding when signed.
  • Donor: The person who makes a gift.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
(1) Is also the donor of the power; and
(2) Has reserved the power in a revocable trust.