§ 11.95.120. Exercise of power in favor of holder -- Income under marital deduction -- Spousal power of appointment
Notwithstanding any provision of RCW 11.95.100 through 11.95.150 seemingly to the contrary, RCW 11.95.100 through 11.95.150 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.95.100 through 11.95.150 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
[1993 c 339 § 9.]
Notes:
Severability -- 1993 c 339: See note following RCW 11.98.200.
Sections: Previous 11.95.010 11.95.020 11.95.030 11.95.040 11.95.060 11.95.070 11.95.100 11.95.110 11.95.120 11.95.130 11.95.140 11.95.150 11.95.160 Next
Last modified: April 7, 2009