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11.95A.250 | Appointment to deceased appointee or permissible appointee's descendant. | (1) Subject to RCW 11.12.110 and 11.12.120 , an appointment to a deceased appointee is ineffective. (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descen... |
11.95A.260 | Impermissible appointment. | (1) Except as otherwise provided in RCW 11.95A.250 , an exercise of a power of appointment in favor of an impermissible appointee is ineffective. (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
[ 2021 c 140 s 3307 .] |
11.95A.270 | Selective allocation doctrine. | If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.
[ 2021 c 140 s 3308 .] |
11.95A.280 | Capture doctrine—Disposition of ineffectively appointed property under general power. | To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment: (1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or (2) If there is no gift-in-default clause or to the... |
11.95A.290 | Disposition of unappointed property—Released or unexercised general power. | To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is no gift-in-default clause or to the extent the clause i... |
11.95A.300 | Disposition of unappointed property—Released or unexercised nongeneral power. | To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property: (... |
11.95A.310 | Disposition of unappointed property—Partial appointment to taker in default. | Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
[ 2021 c 140 s 3312 .] |
11.95A.320 | Appointment to taker in default. | If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property in the same manner and with the same conditions under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised and the appointee t... |
11.95A.330 | Powerholder's authority to revoke or amend exercise. | A powerholder may revoke or amend an exercise of a power of appointment only to the extent that: (1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument creating the power of appointment do not pro... |
11.95A.340 | Notice of exercise of testamentary power. | Unless the person holding property subject to a testamentary power of appointment has within six months after the holder's death received written notice that the powerholder's last will has been admitted to probate or an adjudication of testacy has been entered with respect to the powerholder's last will in some jurisd... |
11.95A.350 | Exercise of power in favor of holder—Limitations. | If the standard governing the exercise of a lifetime or a testamentary power of appointment does not clearly indicate that a broader or more restrictive power of appointment is intended, the holder of the power of appointment may exercise it in his or her favor only for his or her health, education, support, or mainten... |
11.95A.355 | Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal. | If the holder of a lifetime or testamentary power of appointment may exercise the power in his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a provision of ... |
11.95A.360 | Exercise of power in favor of holder—Income under marital deduction—Spousal power of appointment. | Notwithstanding any provision of RCW 11.95A.350 through 11.95A.375 seemingly to the contrary, RCW 11.95A.350 through 11.95A.375 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 Revenu... |
11.95A.365 | Exercise of power in favor of holder—Inference of law. | RCW 11.95A.350 through 11.95A.375 do not raise an inference that the law of this state prior to July 25, 1993, was different than contained in RCW 11.95A.350 through 11.95A.375 .
[ 2021 c 140 s 3608 ; 1993 c 339 s 10 . Formerly RCW 11.95.130 .]
Severability — 1993 c 339: See note following RCW 11.98.200 . |
11.95A.370 | Exercise of power in favor of holder—Applicability. | (1)(a) RCW 11.95A.350 and 11.95A.355 respectively apply to a power of appointment created: (i) Under a will, codicil, trust agreement, or declaration of trust, deed, power of attorney, or other instrument executed after July 25, 1993, unless the terms of the instrument refer specifically to RCW 11.95A.350 or 11.95A.355... |
11.95A.375 | Exercise of power in favor of holder—Cause of action. | RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95A.350 through 11.95A.370 neither create a new cause of action nor impair an existing cause of action that in either cas... |
11.95A.400 | Disclaimer. | As provided by chapter 11.86 RCW: (1) A powerholder may disclaim all or part of a power of appointment. (2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
[ 2021 c 140 s 3401 .] |
11.95A.410 | Authority to release. | A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
[ 2021 c 140 s 3402 .] |
11.95A.420 | Method of release. | A powerholder of a releasable power of appointment may release the power in whole or in part: (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or (2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of th... |
11.95A.430 | Revocation or amendment of release. | A powerholder may revoke or amend a release of a power of appointment only to the extent that: (1) The instrument of release is revocable by the powerholder; or (2) The powerholder reserves a power of revocation or amendment in the instrument of release.
[ 2021 c 140 s 3404 .] |
11.95A.440 | Power to contract—Presently exercisable power of appointment. | A powerholder of a presently exercisable power of appointment may contract: (1) Not to exercise the power; or (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
[ 2021 c 140 s 3405 .] |
11.95A.450 | Power to contract—Power of appointment not presently exercisable. | 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: (1) Is also the donor of the power; and (2) Has reserved the power in a revocable trust.
[ 2021 c 140 s 3406 .] |
11.95A.460 | Remedy for breach of contract to appoint or not to appoint. | The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
[ 2021 c 140 s 3407 .] |
11.95A.500 | Creditor claims—General power created by powerholder. | (1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer. (2) Appointive property subject to a general power of appointment created by the powerholder is subject to a cla... |
11.95A.510 | Creditor claims—General power not created by powerholder. | (1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of: (a) The powerholder, to the extent the powerholder's property is insufficient, if the power is presentl... |
11.95A.520 | Power to withdraw. | (1) For purposes of RCW 11.95A.500 through 11.95A.530 , and except as otherwise provided in subsection (2) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to t... |
11.95A.530 | Creditor claims—Nongeneral power. | (1) Except as otherwise provided in subsections (2) and (3) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate. (2) Appointive property subject to a nongeneral power of appointment is subject to a claim of... |
11.95A.900 | Uniformity of application and construction. | In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2021 c 140 s 3601 .] |
11.95A.901 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that... |
11.95A.902 | Application—Existing relationships. | (1) Except as otherwise provided in this chapter, on and after January 1, 2022: (a) This chapter applies to a power of appointment created before, on, or after January 1, 2022; (b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after January 1, 2022; (c) This chapter app... |
11.95A.903 | Effective date—2021 c 140 ss 3101-3614. | Sections 3101 through 3614 of this act take effect January 1, 2022.
[ 2021 c 140 s 3616 .] |
11.96A.010 | Purpose. | The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and estates in a single chapter under Title 11 RCW. The provisions are intended to provide nonjudicial methods for the resolution of matters, such as mediation,... |
11.96A.020 | General power of courts—Intent—Plenary power of the court. | (1) It is the intent of the legislature that the courts shall have full and ample power and authority under this title to administer and settle: (a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters involving nonprobate assets and powers of attorney, in acc... |
11.96A.030 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Citation" or "cite" and other similar terms, when required of a person interested in the estate or trust or a party to a petition, means to give notice as required under RCW 11.96A.100 . "Citation" or "cite... |
11.96A.040 | Original jurisdiction in probate and trust matters—Powers of court. | (1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation: (a) When a resident of the state dies; (b) When a nonresident of the state dies ... |
11.96A.050 | Venue in proceedings involving probate or trust matters. | (1) Venue for proceedings pertaining to trusts is: (a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the county where the probate of the will is being administered or was completed or, in the alternative, the superior court of the county where any qualifie... |
11.96A.060 | Exercise of powers—Orders, writs, process, etc. | The court may make, issue, and cause to be filed or served, any and all manner and kinds of orders, judgments, citations, notices, summons, and other writs and processes that might be considered proper or necessary in the exercise of the jurisdiction or powers given or intended to be given by this title.
[ 1999 c 42 s ... |
11.96A.070 | Statutes of limitation. | (1)(a) A beneficiary of an express trust may not commence a proceeding against a trustee for breach of trust more than three years after the date a report was delivered in the manner provided in RCW 11.96A.110 to the beneficiary or to a representative of the beneficiary if the report adequately disclosed the existence ... |
11.96A.080 | Persons entitled to judicial proceedings for declaration of rights or legal relations. | (1) Subject to the provisions of RCW 11.96A.260 through 11.96A.320 , any party may have a judicial proceeding for the declaration of rights or legal relations with respect to any matter, as defined by RCW 11.96A.030 ; the resolution of any other case or controversy that arises under the Revised Code of Washington and r... |
11.96A.090 | Judicial proceedings. | (1) A judicial proceeding under this title is a special proceeding under the civil rules of court. The provisions of this title governing such actions control over any inconsistent provision of the civil rules. (2) A judicial proceeding under this title must be commenced as a new action. (3) Once commenced, the action ... |
11.96A.100 | Procedural rules. | Unless rules of court require or this title provides otherwise, or unless a court orders otherwise: (1) A judicial proceeding under RCW 11.96A.090 is to be commenced by filing a petition with the court; (2) A summons must be served in accordance with this chapter and, where not inconsistent with these rules, the proced... |
11.96A.110 | Notice in judicial proceedings under this title requiring notice. | (1) Subject to RCW 11.96A.160 , in all judicial proceedings under this title that require notice, the notice must be personally served on or mailed to all parties or the parties' legal or virtual representatives and to any other persons to whom notice may be required under applicable law at least twenty days before the... |
11.96A.115 | Discovery. | In all matters governed by this title, discovery shall be permitted only in the following matters: (1) A judicial proceeding that places one or more specific issues in controversy that has been commenced under RCW 11.96A.100 , in which case discovery shall be conducted in accordance with the superior court civil rules ... |
11.96A.120 | Application of doctrine of virtual representation. | (1) Notice to a person who may represent and bind another person under this section has the same effect as if notice were given directly to the other person. (2) The consent of a person who may represent and bind another person under this section is binding on the person represented unless the person represented object... |
11.96A.125 | Mistake of fact or law in terms of will or trust—Judicial and nonjudicial reform. | The terms of a will or trust, even if unambiguous, may be reformed by judicial proceedings under this chapter to conform the terms to the intention of the testator or trustor if it is proved by clear, cogent, and convincing evidence that both the intent of the testator or trustor and the terms of the will or trust were... |
11.96A.127 | Charitable dispositions by will or trust. | (1) Except as otherwise provided in subsection (2) of this section, with respect to any charitable disposition made in a will or trust, if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful: (a) The disposition does not fail, in whole or in part; (b) The subject property... |
11.96A.130 | Other notice requirements not impaired. | Nothing in this chapter eliminates the requirement to give notice to a person who has requested special notice under RCW 11.28.240 or notice under RCW 11.130.080 .
[ 2020 c 312 s 716 ; 1999 c 42 s 306 .]
Effective dates — 2020 c 312: See note following RCW 11.130.915 . |
11.96A.140 | Waiver of notice. | Notwithstanding any other provision of this title, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without objecting to the lack of proper notice or personal jurisdiction. The waiver ... |
11.96A.150 | Costs—Attorneys' fees. | (1) Either the superior court or any court on an appeal may, in its discretion, order costs, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings; (b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subje... |
11.96A.160 | Appointment of guardian ad litem. | (1) The court, upon its own motion or upon request of one or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, person whose identity or ad... |
11.96A.170 | Trial by jury. | If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. If a jury is not demanded, the court shall try the issues, and sign and file its findings and decision ... |
11.96A.180 | Execution on judgments. | Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.
[ 1999 c 42 s 311 .] |
11.96A.190 | Execution upon trust income or vested remainder—Permitted, when. | Nothing in RCW 6.32.250 shall forbid execution upon the income of any trust created by a person other than the judgment debtor for debt arising through the furnishing of the necessities of life to the beneficiary of such trust; or as to such income forbid the enforcement of any order of the superior court requiring the... |
11.96A.200 | Appellate review. | An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this title. The review must be done in the manner and way provided by law for appeals in civil actions.
[ 1999 c 42 s 313 .] |
11.96A.210 | Purpose. | The purpose of RCW 11.96A.220 through 11.96A.250 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The procedure is supplemental to, and may not derogate from, any other proceeding or provision authorized by statute or the co... |
11.96A.220 | Binding agreement. | RCW 11.96A.210 through 11.96A.250 shall be applicable to the resolution of any matter, as defined by RCW 11.96A.030 , other than matters subject to chapter 11.130 RCW, or a trust for a minor or other incapacitated person created at its inception by the judgment or decree of a court unless the judgment or decree provide... |
11.96A.230 | Entry of agreement with court—Effect. | (1) Any party, or a party's legal representative, may file the written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the estate or trust. The agreement or a memorandum of its terms may be filed within thirty days of the agreement's execution by all parties only with... |
11.96A.240 | Judicial approval of agreement. | Within thirty days of execution of the agreement by all parties, the special representative may note a hearing for presentation of the written agreement to a court of competent jurisdiction. The special representative shall provide notice of the time and date of the hearing to each party to the agreement whose address ... |
11.96A.250 | Special representative. | (1)(a) Any party or the parent of a minor or unborn party may petition the court for the appointment of a special representative to represent a party: (i) Who is a minor; (ii) who is incapacitated without an appointed guardian of his or her estate; (iii) who is yet unborn or unascertained; or (iv) whose identity or add... |
11.96A.260 | Findings—Intent. | The legislature finds that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes in trust, estate, and nonprobate matters. The legislature endorses the use of dispute resolution procedures by means other than litigation. The legislature also finds that... |
11.96A.270 | Intent—Parties can agree otherwise. | The intent of RCW 11.96A.260 through 11.96A.320 is to provide for the efficient settlement of disputes in trust, estate, and nonprobate matters through mediation and arbitration by providing any party the right to proceed first with mediation and then arbitration before formal judicial procedures may be utilized. Accor... |
11.96A.280 | Scope. | A party may cause the matter to be presented for mediation and then arbitration, as provided under RCW 11.96A.260 through 11.96A.320 . If a party causes the matter to be presented for resolution under RCW 11.96A.260 through 11.96A.320 , then judicial resolution of the matter, as provided in RCW 11.96A.060 or by any oth... |
11.96A.290 | Superior court—Venue. | As used in RCW 11.96A.260 through 11.96A.320 , "superior court" means: (1) Before the commencement of any legal proceedings, the appropriate superior court with respect to the matter as provided in RCW 11.96A.040 ; and (2) if legal proceedings have been commenced with respect to the matter, the superior court in which ... |
11.96A.300 | Mediation procedure. | (1) Notice of mediation. A party may cause the matter to be subject to mediation by service of written notice of mediation on all parties or the parties' virtual representatives as follows: (a) If no hearing has been set. If no hearing on the matter has been set, by serving notice in substantially the following form be... |
11.96A.310 | Arbitration procedure. | (1) When arbitration available. Arbitration under RCW 11.96A.260 through 11.96A.320 is available only if: (a) A party has first petitioned for mediation under RCW 11.96A.300 and such mediation has been concluded; (b) The court has determined that mediation under RCW 11.96A.300 is not required and has not ordered that t... |
11.96A.320 | Petition for order compelling compliance. | If a party does not comply with any procedure of RCW 11.96A.260 through 11.96A.310 , the other party or parties may petition the superior court for an order compelling compliance. A party obtaining an order compelling compliance is entitled to reimbursement of costs and attorneys' fees incurred in connection with: The ... |
11.96A.900 | Short title. | This chapter may be known and cited as the trust and estate dispute resolution act or "TEDRA."
[ 1999 c 42 s 101 .] |
11.96A.902 | Effective date—1999 c 42. | This act takes effect January 1, 2000.
[ 1999 c 42 s 703 .] |
11.97.010 | Power of trustor—Trust provisions control. | The trustor of a trust may by the provisions of the trust relieve the trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed by chapters 11.95A , 11.98, 11.100, and 11.104B RCW and RCW 11.106.020 , or may alter or deny any or all of the privileges and powers conferred by t... |
11.97.020 | Trust term interpretation and property disposition—Rules of construction. | The rules of construction that apply in this state to the interpretation of a will and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
[ 2011 c 327 s 13 .]
Application — Effective date — 2011 c 327: See notes following RC... |
11.97.900 | Application of chapter. | This chapter applies to the provisions of chapters 11.95A , 11.98, 11.100, and 11.104B RCW and to RCW 11.106.020 .
[ 2021 c 140 s 3612 ; 2003 c 254 s 5 ; 1985 c 30 s 39 . Prior: 1984 c 149 s 65 .]
Effective date — 2021 c 140 ss 3101-3614: See RCW 11.95A.903 .
Short title — Application — Purpose — Severability — 1985 c ... |
11.98.002 | Definitions. | The definitions in this section apply throughout this chapter, and throughout this title where specifically referenced, unless the context clearly requires otherwise. (1) "Permissible distributee" means a trust beneficiary who is currently eligible to receive distributions of trust income or principal, whether the dist... |
11.98.005 | Trust situs and governing law. | (1) If provisions of a trust instrument designate Washington as the situs of the trust or designate Washington law to govern the trust or any of its terms, then the situs of the trust is Washington provided that one of the following conditions is met: (a) A trustee has a place of business in or a trustee is a resident ... |
11.98.008 | Trust creation—Methods. | A trust may be created by: (1) Transfer of property to another person as trustee during the trustor's lifetime or by will or other disposition taking effect upon the trustor's death; (2) Declaration by the owner of property that the owner holds identifiable property as trustee; or (3) Exercise of a power of appointment... |
11.98.009 | Application of chapter. | Except as provided in this section, this chapter applies to express trusts executed by the trustor after June 10, 1959, and does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the na... |
11.98.011 | Trust creation—Requirements. | (1) A trust is created only if: (a) The trustor has capacity to create a trust; (b) The trustor indicates an intention to create the trust; (c) The trust has a definite beneficiary or is: (i) A charitable trust; (ii) A trust for the care of an animal, as provided in chapter 11.118 RCW; or (iii) A trust for a noncharita... |
11.98.012 | Trust creation—Other jurisdictions. | A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation or in the case of a revocable trust, at the time the trust became irrevocable: (1) The trustor was domicil... |
11.98.013 | Trust creation—Allowable purposes. | A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve.
[ 2011 c 327 s 18 .]
Application — Effective date — 2011 c 327: See notes following RCW 11.103.020 . |
11.98.014 | Trust creation—Oral trusts. | Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear, cogent, and convincing evidence.
[ 2011 c 327 s 19 .]
Application — Effective date — 2011 c 327: See notes following RCW 11.103.02... |
11.98.015 | Noncharitable trusts without ascertainable beneficiaries. | Except as otherwise provided in chapter 11.118 RCW or by another statute, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be en... |
11.98.016 | Exercise of powers by co-trustees. | (1) Any power vested in three or more trustees jointly may be exercised by a majority of such trustees; but no trustee who has not joined in exercising a power is liable to the beneficiaries or to others for the consequences of such exercise; nor is a dissenting trustee liable for the consequences of an act in which th... |
11.98.017 | Trusteeship—Accepting and declining—Powers without acceptance. | (1) Except as otherwise provided in subsection (3) of this section, a person designated as trustee accepts the trusteeship: (a) By substantially complying with a method of acceptance provided in the terms of the trust; or (b) If the terms of the trust do not provide a method of acceptance or the method provided in the ... |
11.98.019 | Relinquishment of powers by trustee. | Any trustee may, by written instrument delivered to any then acting co-trustee and to the permissible distributees of the trust, relinquish to any extent and upon any terms any or all of the trustee's powers, rights, authorities, or discretions that are or may be tax sensitive in that they cause or may cause adverse ta... |
11.98.029 | Resignation of trustee. | Any trustee may resign, without judicial proceedings, by a writing signed by the trustee and filed with the trust records, to be effective upon the trustee's discharge as provided in RCW 11.98.041 .
[ 1989 c 10 s 3 . Prior: 1985 c 30 s 43 ; prior: 1959 c 124 s 4 . Formerly RCW 30.99.040 .]
Intent — 1989 c 10 s 3: "It i... |
11.98.039 | Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary. | (1) Where a vacancy occurs in the office of the trustee and there is a successor trustee who is willing to serve as trustee and (a) is named in the governing instrument as successor trustee or (b) has been selected to serve as successor trustee under the procedure established in the governing instrument for the selecti... |
11.98.041 | Change of trustee—Discharge of outgoing trustee, when. | Where a vacancy occurs in the office of trustee under the circumstances described in RCW 11.98.039 (1) or (2), the outgoing trustee is discharged upon the agreement of all parties entitled to notice or upon the expiration of thirty days after notice is given of such vacancy as required by the applicable subsection of R... |
11.98.045 | Criteria for transfer of trust assets or administration. | (1) If a trust is a Washington trust under RCW 11.98.005 , a trustee may transfer the situs of the trust to a jurisdiction other than Washington if the trust instrument so provides or in accordance with RCW 11.98.051 or 11.98.055 . (2) Transfer under this section is permitted only if: (a) The transfer would facilitate ... |
11.98.051 | Nonjudicial transfer of trust assets or administration—Notice—Consent required. | (1) The trustee may transfer trust situs (a) in accordance with RCW 11.96A.220 ; or (b) by giving written notice to the attorney general in the case of a charitable trust subject to chapter 11.110 RCW and to the qualified beneficiaries not less than sixty days before initiating the transfer. The notice must: (a) State ... |
11.98.055 | Judicial transfer of situs of trusts. | (1) Any trustee, beneficiary, or beneficiary representative may petition the superior court of the county of the situs of the trust for a transfer of the situs of a trust in accordance with RCW 11.96A.080 through 11.96A.200 . (2) At the conclusion of the hearing, if the court finds the requirements of RCW 11.98.045 (2)... |
11.98.060 | Power of successor trustee. | A successor trustee of a trust shall succeed to all the powers, duties and discretionary authority of the original trustee.
[ 1985 c 30 s 48 . Prior: 1959 c 124 s 6 . Formerly RCW 30.99.060 .]
Short title — Application — Purpose — Severability — 1985 c 30: See RCW 11.02.900 through 11.02.903 . |
11.98.065 | Change in form of corporate trustee. | Any appointment of a specific bank, trust company, or corporation as trustee is conclusively presumed to authorize the appointment or continued service of that entity's successor in interest in the event of a merger, acquisition, or reorganization, and no court proceeding is necessary to affirm the appointment or conti... |
11.98.070 | Power of trustee. | A trustee, or the trustees jointly, of a trust, in addition to the authority otherwise given by law, have discretionary power to acquire, invest, reinvest, exchange, sell, convey, control, divide, partition, and manage the trust property in accordance with the standards provided by law, and in so doing may: (1) Receive... |
11.98.071 | Trustee's delegation of duties. | (1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (a) Selecting a delegate; (b) Establishing the scope and terms of the delegation, consistent with the purposes and ... |
11.98.072 | Trustee—Notification requirements. | (1) A trustee must keep all qualified beneficiaries of a trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee must promptly respond to any beneficiary's request for information rela... |
11.98.075 | Certification of trust. | (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (a) That the trust exists and the date the trust instrument was executed; (b) The identity of the trustor; (c) The identity ... |
11.98.078 | Trustee duty of loyalty. | (1) A trustee must administer the trust solely in the interests of the beneficiaries. (2) Subject to the rights of persons dealing with or assisting the trustee as provided in RCW 11.98.105 , a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee f... |
11.98.080 | Consolidation of trusts. | (1)(a) Two or more trusts may be consolidated if: (i) The trusts so provide; or (ii) Whether provided in the trusts or not, the requirements of subsection (2), (3), or (4) of this section are satisfied. (b) Consolidation under subsection (2), (3), or (4) of this section is permitted only if: (i) The dispositive provisi... |
11.98.085 | Trustee—Breach of trust—Damages. | (1) A trustee who commits a breach of trust is liable for the greater of: (a) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (b) The profit the trustee made by reason of the breach. (2) Except as otherwise provided in t... |
11.98.100 | Nonliability for action or inaction based on lack of knowledge of events. | When the happening of any event, including but not limited to such events as marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of the trust, then a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for any actio... |
11.98.105 | Nonliability of third persons without knowledge of breach. | (1) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power. (2) A person other... |
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