Applicability — Exclusions — Power of appointment.
RCW 11.98B.030
in effect(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (2) This chapter does not apply to a: (a) Power of appointment; (b) Power to appoint or remove a trustee or trust director; (c) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust; (d) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of: (i) The beneficiary; or (ii) Another beneficiary represented by the beneficiary with respect to the exercise or nonexercise of the power; or (e) Power over a trust if: (i) The terms of the trust provide that the power is held in a nonfiduciary capacity; and (ii) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal internal revenue code of 1986, as amended, as of January 1, 2021. (3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
(2) This chapter does not apply to a:
(a) Power of appointment;
(b) Power to appoint or remove a trustee or trust director;
(c) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(d) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(i) The beneficiary; or
(ii) Another beneficiary represented by the beneficiary with respect to the exercise or nonexercise of the power; or
(e) Power over a trust if:
(i) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(ii) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal internal revenue code of 1986, as amended, as of January 1, 2021.
(3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=11.98B&full=trueFetched: 6/28/2026