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11.104B.420 | Disbursements—Transfer from income to principal for depreciation. | (1) In this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year. (2) A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to dep... |
11.104B.430 | Disbursements—Reimbursement of income from principal. | (1) If a fiduciary makes or expects to make an income disbursement described in subsection (2) of this section, the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income. (2) To the extent the fiduciary has not been and does not expect to be reimburs... |
11.104B.440 | Disbursements—Reimbursement of principal from income. | (1) If a fiduciary makes or expects to make a principal disbursement described in subsection (2) of this section, the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements. (2) To the extent ... |
11.104B.450 | Disbursements—Income taxes. | (1) A tax required to be paid by a fiduciary based on receipts allocated to income must be charged to income. (2) A tax required to be paid by a fiduciary based on receipts allocated to principal must be charged to principal, even if the tax is called an income tax by the taxing authority. (3) A tax required to be paid... |
11.104B.460 | Disbursements—Adjustment between income and principal because of taxes. | (1) A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries which arises from: (a) An election or decision the fiduciary makes regarding a tax matter, other than a decision to claim an i... |
11.104B.500 | Death or termination of interest—Determination and distribution of net income. | (1) This section applies when: (a) The death of an individual results in the creation of an estate or trust; or (b) An income interest in a trust terminates, whether the trust continues or is distributed. (2) A fiduciary of an estate or trust with an income interest that terminates shall determine, under subsection (7)... |
11.104B.510 | Death or termination of interest—Distribution to successor beneficiary. | (1) Except to the extent Article 3 of this chapter applies for a beneficiary that is a trust, each beneficiary described in RCW 11.104B.500 (6) is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values as of the distribution date. If ... |
11.104B.550 | Death or termination of interest—When right to income begins and ends. | (1) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date an income interest begins. The income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to: (a) The trust for the current income ben... |
11.104B.560 | Death or termination of interest—Apportionment of receipts and disbursements when decedent dies or income interest begins. | (1) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which RCW 11.104B.500 (2) applies, to principal if its due date occurs before the date on which: (a) For an estate, the decedent died; or (b) For a trust or successive interest, an income interest begins. (2) If the due date of a ... |
11.104B.570 | Death or termination of interest—Apportionment when income interest ends. | (1) In this section, "undistributed income" means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense which is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. (2) Except ... |
11.104B.900 | Uniformity of application and construction. | (1) 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. (2) To the extent that this chapter is in conflict with RCW 11.68.090 , RCW 11.68.090 prevails.
[ 2021 c 140 s 2801 .] |
11.104B.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... |
11.104B.902 | Application. | This chapter applies to a trust or estate existing or created on or after January 1, 2022, except as otherwise expressly provided in the terms of the trust or RCW 11.104B.001 through 11.104B.901 .
[ 2021 c 140 s 2803 .] |
11.104B.903 | Application of chapter11.96ARCW. | Nothing in chapter 345, Laws of 2002 is intended to restrict the application of chapter 11.96A RCW to issues, questions, or disputes that arise under or that relate to chapter 345, Laws of 2002. Any and all such issues, questions, or disputes shall be resolved judicially or nonjudicially under chapter 11.96A RCW.
[ 200... |
11.104B.904 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
11.104B.905 | Effective date—2021 c 140 ss 2101-2806. | Sections 2101 through 2806 of this act take effect January 1, 2022.
[ 2021 c 140 s 2809 .] |
11.106.010 | Scope of chapter—Exceptions. | This chapter does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, liquidation trusts or trust... |
11.106.020 | Trustee's annual statement. | The trustee or trustees appointed by any will, deed, or agreement executed must mail or deliver at least annually to each permissible distributee, as defined in RCW 11.98.002 , a written itemized statement of all current receipts and disbursements made by the trustee of the funds of the trust both principal and income,... |
11.106.030 | Intermediate and final accounts—Contents—Filing. | In addition to the statement required by RCW 11.106.020 any such trustee or trustees whenever it or they so desire, may file in the superior court of the county in which the trustees or one of the trustees resides an intermediate account under oath showing: (1) The period covered by the account; (2) The total principal... |
11.106.040 | Petition for statement of account. | At any time after the later of one year from the inception of the trust or one year after the day on which a report was last filed, any settlor or beneficiary of a trust may file a petition under RCW 11.96A.080 with the superior court in the county where the trustee or one of the trustees resides asking the court to di... |
11.106.050 | Account filed—Return day—Notice. | When any account has been filed pursuant to RCW 11.106.030 or 11.106.040 , the clerk of the court where filed shall fix a return day therefor as provided in RCW 11.96A.100 (4) and issue a notice. The notice shall state the time and place for the return date, the name or names of the trustee or trustees who have filed t... |
11.106.060 | Account filed—Objections—Appointment of guardians ad litem—Representatives. | Upon or before the return date any beneficiary of the trust may file the beneficiary's written objections or exceptions to the account filed or to any action of the trustee or trustees set forth in the account. The court shall appoint guardians ad litem as provided in RCW 11.96A.160 and the court may allow representati... |
11.106.070 | Court to determine accuracy, validity—Decree. | Upon the return date or at some later date fixed by the court if so requested by one or more of the parties, the court without the intervention of a jury and after hearing all the evidence submitted shall determine the correctness of the account and the validity and propriety of all actions of the trustee or trustees s... |
11.106.080 | Effect of decree. | The decree rendered under RCW 11.106.070 shall be deemed final, conclusive, and binding upon all the parties interested including all incompetent, unborn, and unascertained beneficiaries of the trust subject only to the right of appeal under RCW 11.106.090 .
[ 1985 c 30 s 102 . Prior: 1984 c 149 s 135 ; 1955 c 33 s 30.... |
11.106.090 | Appeal from decree. | The decree rendered under RCW 11.106.070 shall be a final order from which any party in interest may appeal as in civil actions to the supreme court or the court of appeals of the state of Washington.
[ 1985 c 30 s 103 . Prior: 1984 c 149 s 136 ; 1971 c 81 s 80 ; 1955 c 33 s 30.30.090 ; prior: 1951 c 226 s 9 . Formerly... |
11.106.100 | Waiver of accounting by beneficiary. | Any adult beneficiary entitled to an accounting under either RCW 11.106.020 or 11.106.030 may waive such an accounting by a separate instrument delivered to the trustee.
[ 1985 c 30 s 104 . Prior: 1984 c 149 s 137 ; 1955 c 33 s 30.30.100 ; prior: 1951 c 226 s 11 . Formerly RCW 30.30.100 .]
Short title — Application — P... |
11.106.110 | Modification under chapter11.97RCW—How constituted. | This chapter is declared to be of similar import to the uniform trustees' accounting act. Any modification under chapter 11.97 RCW, including waiver, of the requirements of this chapter in any will, deed, or agreement heretofore or hereafter executed shall be given effect whether the waiver refers to the uniform truste... |
11.107.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of Title 26 U.S.C. Sec. 2041(b)(1)(A) or 2514(c)(1) of the federal internal... |
11.107.020 | Decanting power under expanded discretion. | (1) Subject to (a) of this subsection and RCW 11.107.070 , a trustee that has expanded discretion to distribute the principal of a first trust to one or more current beneficiaries may exercise the decanting power over the principal of the first trust, subject to the following: (a) Except as provided in RCW 11.107.060 ,... |
11.107.030 | Decanting power under limited discretion. | Subject to RCW 11.107.070 , a trustee that has limited discretion to distribute the principal of a first trust to one or more current beneficiaries may exercise the decanting power over the principal of the first trust, subject to the following: (1) Second trusts under this section, in the aggregate, must grant each be... |
11.107.040 | Decanting statute—Procedure to exercise decanting power. | (1) The trustee of the first trust may exercise the decanting power under RCW 11.107.020 and 11.107.030 if: (a) The trustee determines that the exercise of the decanting power is consistent with the trustee's fiduciary duties described in RCW 11.107.080 (1); (b) In the event that the first trust contains a charitable i... |
11.107.050 | Decanting statute—Effects and consequences of an exercise of the decanting power. | (1) A trustee or other person that reasonably relies on the validity of a distribution of part or all of the income and principal of a trust to another trust, or a modification of a trust, under this chapter or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of t... |
11.107.060 | Decanting statute—Trust for beneficiary with a disability. | (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Beneficiary with a disability" means a beneficiary of the first trust who the trustee believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently rece... |
11.107.070 | Decanting statute—Specific prohibitions. | (1) A trustee may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of the decanting power or a power granted by state law to the trustee to modify the trust including, but not limited to, modification pursuant to chapter 11.96A RCW, and any exercise of the decanting... |
11.107.080 | Application—Miscellaneous. | (1) This chapter applies to any express trust, within the meaning of RCW 11.98.009 , other than a trust during such time as the grantor has retained the right to revoke or amend. In exercising the decanting power, the trustee must act in accordance with the trustee's fiduciary duties, including the duty to act in accor... |
11.108.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) The term "pecuniary bequest" means a gift in a governing instrument which either is expressly stated as a fixed dollar amount or is a gift of a dollar amount determinable by the governing instrument, and a ... |
11.108.020 | Marital deduction gift—Compliance with Internal Revenue Code—Fiduciary powers. | (1) If a governing instrument contains a marital deduction gift, the governing instrument shall be construed to comply with the marital deduction provisions of the Internal Revenue Code in every respect. (2) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing instrum... |
11.108.025 | Election to qualify property for the marital deduction—Generation-skipping transfer tax allocations. | Unless a governing instrument directs to the contrary: (1) The fiduciary shall have the power to make elections, in whole or in part, to qualify property for the marital deduction as qualified terminable interest property under section 2056(b)(7) or 2523(f) of the Internal Revenue Code or, if the surviving spouse is no... |
11.108.030 | Pecuniary bequests—Valuation of assets if distribution other than money. | (1) If a governing instrument authorizes the fiduciary to satisfy a pecuniary bequest in whole or in part by distribution of property other than money, the assets selected for that purpose shall be valued at their respective fair market values on the date or dates of distribution, unless the governing instrument expres... |
11.108.040 | Construction of certain marital deduction formula bequests. | (1) If a testator, under the terms of a governing instrument executed prior to September 12, 1981, leaves outright to or in trust for the benefit of that testator's surviving spouse an amount or fractional share of that testator's estate or a trust estate expressed in terms of one-half of that testator's federal adjust... |
11.108.050 | Marital deduction gift in trust. | If a governing instrument contains a marital deduction gift in trust, then in addition to the other provisions of this chapter, each of the following applies to the trust to the extent necessary to qualify the gift for the marital deduction: (1) If the transferor's spouse is a citizen of the United States at the time o... |
11.108.060 | Marital deduction gift—Survivorship requirement—Limits—Property to be held in trust. | For an estate that exceeds the amount exempt from state or federal tax by virtue of the credit under section 2010 of the Internal Revenue Code, if taking into account applicable adjusted taxable gifts as defined in section 2001(b) of the Internal Revenue Code, any marital deduction gift that is conditioned upon the tra... |
11.108.070 | Presumptions for the interpretation, construction, and administration of governing instrument. | (1) The legislature finds that the citizens and residents of the state, and nonresidents of the state having property located in Washington, desire to take full advantage of the exemptions, exclusions, deductions, and credits allowable under the federal estate, gift, income, and generation-skipping transfer taxes, and ... |
11.108.080 | Generation-skipping transfer tax—Federal law application. | (1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, is deemed to refer to the federal estate and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying on December 31, 2009, if the will or trust contains a formula that: (a) Refers to ... |
11.108.090 | Generation-skipping transfer tax—Dispute resolution of federal law application. | The personal representative, trustee, or any affected beneficiary under a will or trust may bring a proceeding under the trust and estate dispute resolution act in chapter 11.96A RCW, to determine whether the decedent intended that the references, presumptions, or rules of construction under RCW 11.108.080 be construed... |
11.108.900 | Application of chapter—Application of 2006 c 360. | (1) This chapter applies to all estates, trusts, and governing instruments in existence on or any time after March 7, 1984, and to all proceedings with respect thereto after that date, whether the proceedings commenced before or after that date, and including distributions made after that date. This chapter shall not a... |
11.108.901 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
11.110.010 | Purpose of chapter. | The purpose of this chapter is to facilitate public supervision over the administration of public charitable trusts and similar relationships and to clarify and implement the powers and duties of the attorney general and the secretary of state with relation thereto.
[ 1993 c 471 s 25 ; 1985 c 30 s 113 . Prior: 1967 ex.... |
11.110.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Person" means an individual, organization, group, association, partnership, corporation, or any combination of them. (2)(a) "Trustee" means: (i) Any person holding property in trust for a public charitable ... |
11.110.040 | Information, documents, and reports are public records—Inspection—Publication. | All information, documents, and reports filed with the secretary of state under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation: PROVIDED, That the secretary of state shall withhold from public inspection any trust instrument so filed whose content is n... |
11.110.051 | Registration of trustee—Requirements—Exception—Application of chapter to nonregistered trustees. | (1) Except as provided in subsection (2) of this section, a trustee, as defined by RCW 11.110.020 , must register with the secretary of state if, as to a particular charitable trust: (a) The trustee holds assets in trust, invested for income-producing purposes, exceeding a value established by the secretary of state by... |
11.110.060 | Instrument establishing trust, inventory of assets, registration status, successor trustee information, and amendments to be filed. | (1) Every trustee required to file under RCW 11.110.051 shall file with the secretary of state within four months after receiving possession or control of the trust corpus, or after the trust becomes a trust described by RCW 11.110.051 (1): (a) A copy of the instrument establishing his or her title, powers, or duties; ... |
11.110.070 | Tax or information return or report—Filing—Rules—Forms. | Every trustee required to register under RCW 11.110.051 shall file with the secretary of state a copy of each publicly available United States tax or information return or report of the trust at the time that the trustee files with the internal revenue service. The secretary may provide by rule for the exemption from r... |
11.110.075 | Trust not exclusively for charitable purposes—Instrument and information not public—Access. | A trust is not exclusively for charitable purposes, within the meaning of RCW 11.110.040 , when the instrument creating it contains a trust for several or mixed purposes, and any one or more of such purposes is not charitable within the meaning of RCW 11.110.020 , as enacted or hereafter amended. Such instrument shall ... |
11.110.090 | Uniformity of chapter with laws of other states. | It is the purpose of this chapter to make uniform the laws of this and other states on the subject of charitable trusts and similar relationships. Recognizing the necessity for uniform application and enforcement of this chapter, its provisions are hereby declared mandatory and they shall not be superseded by the provi... |
11.110.100 | Investigations by attorney general authorized—Appearance and production of books, papers, documents, etc., may be required. | The attorney general may investigate transactions and relationships of trustees and other persons subject to this chapter for the purpose of determining whether the trust or other relationship is administered according to law and the terms and purposes of the trust, or to determine compliance with this chapter in any o... |
11.110.110 | Order to appear—Effect—Enforcement—Appellate review. | When the attorney general requires the attendance of any person, as provided in RCW 11.110.100 , he or she shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be delivered to or sent by registered mail to the person at least fourteen days before the da... |
11.110.120 | Proceedings to secure compliance and proper trust administration—Attorney general to be notified of judicial proceedings involving charitable trust—Powers and duties additional. | The attorney general may institute appropriate proceedings to secure compliance with this chapter and to secure the proper administration of any trust or other relationship to which this chapter applies. He or she shall be notified of all judicial proceedings involving or affecting the charitable trust or its administr... |
11.110.125 | Violations—Refusal to file reports, perform duties, etc. | The willful refusal by a trustee to make or file any report or to perform any other duties expressly required by this chapter, or to comply with any valid rule adopted by the secretary of state under this chapter, shall constitute a breach of trust and a violation of this chapter.
[ 1993 c 471 s 32 ; 1985 c 30 s 126 . ... |
11.110.130 | Violations—Civil action may be prosecuted. | A civil action for a violation of this chapter may be prosecuted by the attorney general or by a prosecuting attorney.
[ 1993 c 471 s 33 ; 1985 c 30 s 127 . Prior: 1967 ex.s. c 53 s 13 . Formerly RCW 19.10.130 .]
Effective date — 1993 c 471: See RCW 19.09.915 .
Short title — Application — Purpose — Severability — 1985 ... |
11.110.140 | Penalty. | Every false statement of material fact knowingly made or caused to be made by any person in any statement or report filed under this chapter and every other violation of this chapter is a gross misdemeanor.
[ 1985 c 30 s 128 . Prior: 1967 ex.s. c 53 s 14 . Formerly RCW 19.10.140 .]
Short title — Application — Purpose —... |
11.110.200 | Tax Reform Act of 1969, state implementation—Application of RCW11.110.200through11.110.260to certain trusts defined in federal code. | RCW 11.110.200 through 11.110.260 shall apply only to trusts which are "private foundations" as defined in section 509 of the Internal Revenue Code, "charitable trusts" as described in section 4947(a)(1) of the Internal Revenue Code, or "split-interest trusts" as described in section 4947(a)(2) of the Internal Revenue ... |
11.110.260 | Tax Reform Act of 1969, state implementation—Severability—RCW11.110.200through11.110.260. | If any provision of RCW 11.110.200 through 11.110.260 or the application thereof to any trust is held invalid, such invalidity shall not affect the other provisions or applications of RCW 11.110.200 through 11.110.260 which can be given effect without the invalid provision or application, and to this end the provisions... |
11.110.210 | Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions. | The trust instrument of each trust to which RCW 11.110.200 through 11.110.260 applies shall be deemed to contain provisions prohibiting the trustee from: (1) Engaging in any act of "self-dealing," as defined in section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by s... |
11.110.220 | Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain provisions for distribution. | The trust instrument of each trust to which RCW 11.110.200 through 11.110.260 applies, except "split-interest" trusts, shall be deemed to contain a provision requiring the trustee to distribute, for the purposes specified in the trust instrument, for each taxable year of the trust, amounts at least sufficient to avoid ... |
11.110.230 | Tax Reform Act of 1969, state implementation—Rights, powers, of courts, attorney general, not impaired. | Nothing in RCW 11.110.200 through 11.110.260 shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust.
[ 1985 c 30 s 132 . Prior: 1984 c 149 s 164 ; 1971 c 58 s 4 . Formerly RCW 19.10.230 .]
Short title — Application — Purpose — Severability — 1985 c 30: See RCW 1... |
11.110.250 | Tax Reform Act of 1969, state implementation—Application to trust created after June 10, 1971, or amendment to existing trust. | Nothing in RCW 11.110.200 through 11.110.260 shall limit the power of a person who creates a trust after June 10, 1971 or the power of a person who has retained or has been granted the right to amend a trust created before June 10, 1971, to include a specific provision in the trust instrument or an amendment thereto, a... |
11.110.270 | Tax Reform Act of 1969, state implementation—Not for profit corporations. | See RCW 24.40.010 through 24.40.070 . |
11.114.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Adult" means an individual other than the minor who has attained the age of twenty-one years and is older than the minor. (2) "Benefit plan" means an employer's plan for the benefit of an employee or partn... |
11.114.020 | Scope and jurisdiction. | (1) This chapter applies to a transfer that refers to this chapter in the designation under RCW 11.114.090 (1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so cr... |
11.114.030 | Nomination of custodian—Designation of custodian by representative or specified person. | (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: ". . . . . . as custodia... |
11.114.040 | Transfer by gift or exercise of power of appointment. | A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to RCW 11.114.090 .
[ 1991 c 193 s 4 .] |
11.114.050 | Transfer authorized by will or trust. | (1) A personal representative or trustee may make an irrevocable transfer pursuant to RCW 11.114.090 to a custodian for the benefit of a minor as authorized in the governing will or trust. The personal representative or trustee may designate himself or herself as custodian provided he or she falls within the class of p... |
11.114.060 | Other transfer by fiduciary. | (1) A personal representative or trustee may make an irrevocable transfer to an adult or trust company for the benefit of a minor pursuant to RCW 11.114.090 , in the absence of a will or under a will or trust that does not contain an authorization to do so, but only if: (a) The personal representative or trustee, or th... |
11.114.070 | Transfer by obligor. | (1) Subject to subsections (2) and (3) of this section, a person not subject to RCW 11.114.050 or 11.114.060 who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to RCW 11.114.090 . (2) If a person having t... |
11.114.080 | Receipt for custodial property. | A written confirmation of delivery by a custodian constitutes a sufficient receipt and discharge of the transferor for custodial property transferred to the custodian under this chapter.
[ 1991 c 193 s 8 .] |
11.114.090 | Form and manner of creating custodial property and effecting transfer. | (1) Custodial property is created and a transfer is made if: (a) An uncertificated security or a certificated security in registered form is either: (i) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for .... |
11.114.100 | Single custodianship. | A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
[ 1991 c 193 s 10 .] |
11.114.110 | Validity and effect of transfer. | (1) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (a) Failure of the transferor to comply with RCW 11.114.090 (3) concerning possession and control; (b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transfe... |
11.114.120 | Care of custodial property. | (1) A custodian shall, as soon as custodial property is made available to the custodian: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest, and reinvest custodial property. (2) In dealing with custodial property, a custodian ... |
11.114.130 | Powers of custodian. | (1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, including without limitation all the powers granted to a trustee under RCW 11.98.070 , but a custodian may exercise those rights, powers, and autho... |
11.114.140 | Use of custodial property. | (1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (a) the duty or ability of the custodian personally or of any other person to support t... |
11.114.150 | Custodian's expenses, compensation, and bond. | (1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (2) Except for one who is a transferor under RCW 11.114.040 , a custodian has a noncumulative election during each calendar year to charge reasonable compensation for servi... |
11.114.160 | Exemption of third person from liability. | A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian or successor custodian and, in the absence of knowledge, is not responsible for determining: (1) The validity of the pur... |
11.114.170 | Liability to third persons. | (1) A claim based on: (a) A contract entered into by a custodian acting in a custodial capacity; (b) An obligation arising from the ownership or control of custodial property; (c) A tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodi... |
11.114.180 | Renunciation, resignation, death, or removal of custodian—Designation of successor custodian. | (1) A person nominated under RCW 11.114.030 or designated under RCW 11.114.090 as custodian may decline to serve. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under RCW 11.114.030 , the person who made the nomination may nominate ... |
11.114.190 | Accounting by and determination of liability of custodian. | (1) A minor who has attained the age of eighteen years, the minor's legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (a) for an accounting by the custodian or the custodian's legal representative; or (b) for a determination of respo... |
11.114.200 | Termination of custodianship—Extension. | (1) Subject to RCW 11.114.220 , the custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (a) The minor's attainment of twenty-one years of age with respect to custodial property transferred under RCW 11.114.040 or 11.114.050 ; (b) The minor'... |
11.114.210 | Applicability. | This chapter applies to a transfer within the scope of RCW 11.114.020 made after July 1, 1991, if: (1) The transfer purports to have been made under the Washington uniform gifts to minors act; or (2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under th... |
11.114.220 | Effect on existing custodianships. | (1) Any transfer of custodial property as now defined in this chapter made before July 1, 1991, is validated notwithstanding that there was no specific authority in the Washington uniform gifts to minors act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer ... |
11.114.230 | Uniformity of application and construction. | This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 1991 c 193 s 23 .] |
11.114.900 | Short title. | This chapter may be cited as the uniform transfers to minors act.
[ 1991 c 193 s 24 .] |
11.114.902 | Savings—1991 c 193. | To the extent that this chapter, by virtue of RCW 11.114.220 (2), does not apply to transfers made in a manner prescribed in the uniform gifts to minors act of Washington or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the... |
11.114.903 | Effective date—1991 c 193. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.
[ 1991 c 193 s 34 .] |
11.118.005 | Purpose—Intent. | The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. The legislature intends that such trusts be recognized as valid, and that such trusts be enforceable in accordance with their terms.
[ 2001... |
11.118.010 | Definition. | As used in this chapter, "animal" means a nonhuman animal with vertebrae.
[ 2001 c 327 s 2 .] |
11.118.020 | Validity of animal trust. | A trust for the care of one or more animals is valid. The animals that are to be benefited by the trust may be individually identified, or may be identified in such other manner that they can be readily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no an... |
11.118.030 | Use of trust principal or income. | Except as expressly provided otherwise in the trust instrument or in RCW 11.118.070 , and except as may be necessary to pay the trustee reasonable compensation and to reimburse the trustee for reasonable costs incurred on behalf of the trust, no portion of the principal or income of the trust may be converted to the us... |
11.118.040 | Termination of trust. | Upon termination of the trust, the trustee shall transfer the unexpended trust property in the following order: (1) As directed in the instrument; (2) If the trust was created in a nonresiduary clause in the trustor's will or in a codicil to the trustor's will and the will or codicil does not direct otherwise, under th... |
11.118.050 | Enforcement of trust provisions. | The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument, by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon application to it by any person. Such person is considered to be a permissib... |
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