D.C. Code § 19-1307.08 — DC Code / Title 19 / Chapter 13 / § 19-1307.08
§ 19-1307.08. Compensation of trustee.
Status: in_force

(a) If the terms of a trust do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
(b) If the terms of a trust specify the trustee’s compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:
  (1) The duties of the trustee are substantially different from those contemplated when the trust was created; or
  (2) The compensation specified by the terms of the trust would be unreasonably low or high.
D.C. Code § 19-1308.14 — DC Code / Title 19 / Chapter 13 / § 19-1308.14
§ 19-1308.14. Discretionary powers; tax savings.
Status: in_force

(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute”, “sole”, or “uncontrolled”, the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(b) Section 21-1722 applies to a trust governed by this chapter.
D.C. Code § 19-1704.04 — DC Code / Title 19 / Chapter 17 / § 19-1704.04
§ 19-1704.04. Revocation or amendment of release.
Status: in_force

(a) 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.
D.C. Code § 19-1108 — DC Code / Title 19 / Chapter 11 / § 19-1108
§ 19-1108. General powers of custodial trustee.
Status: in_force

(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of section 19-1107.
D.C. Code § 19-603.03 — DC Code / Title 19 / Chapter 6 / § 19-603.03
§ 19-603.03. Registration in beneficiary form; applicable law.
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
D.C. Code § 19-104 — DC Code / Title 19 / Chapter 1 / § 19-104
§ 19-104. Absent or incompetent spouse.
Status: repealed

Repealed.
D.C. Code § 19-1912 — DC Code / Title 19 / Chapter 19 / § 19-1912
§ 19-1912. Decanting power under limited distributive discretion.
Status: in_force

(a) For the purposes of this section, the term "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.
(b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.
(c) Under this section and subject to § 19-1914 , a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust.
(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:
  (1) The distribution is applied for the benefit of the beneficiary;
  (2) The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under Chapter 13 of this Title ; or
  (3) The distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.
(e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
D.C. Code § 19-602.03 — DC Code / Title 19 / Chapter 6 / § 19-602.03
§ 19-602.03. Types of account; existing accounts.
Status: in_force

(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section § 19-602.12(c) , either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.
(b) An account established before, on, or after the effective date of this chapter [April 27, 2001], whether in the form prescribed in section 19-602.04 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of this subchapter, and is governed by this subchapter.
D.C. Code § 19-1702.01 — DC Code / Title 19 / Chapter 17 / § 19-1702.01
§ 19-1702.01. Creation of power of appointment.
Status: in_force

(a) A power of appointment is created only if:
  (1) The instrument creating the power:
    (A) Is valid under applicable law; and
    (B) Except as otherwise provided in subsection (b) of this section, transfers the appointive property; and
  (2) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
(b) Subsection (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.
(c) A power of appointment may not be created in a deceased individual.
(d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
D.C. Code § 19-1308.06 — DC Code / Title 19 / Chapter 13 / § 19-1308.06
§ 19-1308.06. Trustee’s skills.
Status: in_force

A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise.
D.C. Code § 19-602.21 — DC Code / Title 19 / Chapter 6 / § 19-602.21
§ 19-602.21. Authority of financial institution.
Status: in_force

A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
D.C. Code § 19-1703.09 — DC Code / Title 19 / Chapter 17 / § 19-1703.09
§ 19-1703.09. Capture doctrine: disposition of ineffectively appointed property under general power.
Status: in_force

(a) 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 extent the clause is ineffective, the ineffectively appointed property:
    (A) Passes to:
      (i) The powerholder if the powerholder is a permissible appointee and living; or
      (ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
    (B) If there is no taker under subparagraph (A) of this paragraph, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
D.C. Code § 19-1305.05 — DC Code / Title 19 / Chapter 13 / § 19-1305.05
§ 19-1305.05. Creditor’s claim against settlor.
Status: in_force

(a) Whether or not the terms of a trust contain a spendthrift provision, the following rules apply:
  (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor’s creditors.
  (2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor’s benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor’s interest in the portion of the trust attributable to that settlor’s contribution.
  (3) After the death of a settlor, and subject to the settlor’s right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor’s death is subject to claims of the settlor’s creditors, costs of administration of the settlor’s estate, the expenses of the settlor’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children under sections 19-101.02, 19-101.03, and 19-101.04, to the extent the settlor’s residuary probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
(b) For the purposes of this section:
  (1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and
  (2) Upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or section 2503(b) of the Internal Revenue Code of 1986, in each case as in effect on the effective date of this chapter [March 10, 2004], or as later amended.
(c) If a proceeding other than a small estate proceeding is commenced in the District of Columbia to administer the estate of a deceased settlor as provided in Title 20, property of the trust of which the decedent was a settlor is not liable for payment of claims against the settlor that were not properly presented in the estate proceeding.
(d) If a proceeding as described in subsection (c) of this section has not been commenced, the trustee of the trust of which the decedent was a settlor may publish a notice substantially similar to, and in the same manner as provided for the notice described in section 20-704, and thereby obtain for the trust the same protection from claims afforded to a decedent’s estate under section 20-903. Claims against a deceased settlor are barred as against the trustees and the trust property unless presented to the trustee at the address provided in the notice within 6 months after the date of the first publication of the notice. Except to the extent inconsistent with this subsection, Chapter 9 of Title 20 applies to the trustee and trust created by a deceased settlor in the same manner as it applies to a personal representative and decedent’s estate.
(e) If a notice under subsection (d) of this section is published and a proceeding to administer the settlor’s estate is later commenced, claims against a deceased settlor are barred as against the trustee and trust property as of the date provided in subsection (d) of this section, and not the date provided in section 20-903.
D.C. Code § 19-308 — DC Code / Title 19 / Chapter 3 / § 19-308
§ 19-308. Share of father and mother.
Status: in_force

When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivor.
D.C. Code § 19-1703.13 — DC Code / Title 19 / Chapter 17 / § 19-1703.13
§ 19-1703.13. Appointment to taker in default.
Status: in_force

If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property 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 takes under the clause.
D.C. Code § 19-2306 — DC Code / Title 19 / Chapter 23 / § 19-2306
§ 19-2306. Disposition of property at death.
Status: in_force

(a) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death.
(b) One-half of the property to which this chapter applies belongs to the decedent and is subject to disposition by the decedent at death.
(c) The property that belongs to the decedent under subsection (b) of this section is not subject to the elective-share right of the surviving community-property spouse.
(d) This section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer.
(e) This section does not limit the right of a surviving community-property spouse to a homestead allowance under § 19-101.02 .
(f) If at death a decedent purports to transfer to a third person property that, under this section, belongs to the surviving community-property spouse and transfers other property to the surviving community-property spouse, this section does not limit the authority of the court under other law of the District to require that the community-property spouse elect between retaining the property transferred to the community-property spouse or asserting rights under this chapter .
D.C. Code § 19-1107 — DC Code / Title 19 / Chapter 11 / § 19-1107
§ 19-1107. General duties of custodial trustee.
Status: in_force

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee’s discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(c) Subject to subsection (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: “as custodial trustee for  (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act.”
______
(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
D.C. Code § 19-602.12 — DC Code / Title 19 / Chapter 6 / § 19-602.12
§ 19-602.12. Rights at death.
Status: in_force

(a) Except as otherwise provided in this subchapter, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If 2 or more parties survive and one is the surviving spouse or surviving domestic partner of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 19-602.11 belongs to the surviving spouse or surviving domestic partner. If 2 or more parties survive and none is the surviving spouse or surviving domestic partner of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under section 19-602.11 belongs to the surviving parties in equal shares, and augments the proportion to which each survivor, immediately before the decedent’s death, was beneficially entitled under section 19-602.11, and the right of survivorship continues between the surviving parties.
(b) In an account with a POD designation:
  (1) On death of one of 2 or more parties, the rights in sums on deposit are governed by subsection (a) of this section.
  (2) On death of the sole party or the last survivor of 2 or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If 2 or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares, and there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.
(c) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under section 19-602.11 is transferred as part of the decedent’s estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For the purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.
(d) The ownership right of a surviving party or beneficiary, or of the decedent’s estate, in sums on deposit is subject to requests for payment made by a party before the party’s death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent’s estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
D.C. Code § 19-603.04 — DC Code / Title 19 / Chapter 6 / § 19-603.04
§ 19-603.04. Origination of registration in beneficiary form.
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
D.C. Code § 19-505 — DC Code / Title 19 / Chapter 5 / § 19-505
§ 19-505. Evidence of death or status.
Status: in_force

In addition to the rules of evidence, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual is determined to be dead under section 7-601.
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under paragraph (2) or (3) of this subsection, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5) If an individual is presumed to be dead under section 14-701, the individual’s death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
(6) In the absence of evidence disputing the time of death stipulated on a document described in paragraph (2) or (3) of this subsection, a document described in paragraph (2) or (3) that stipulates a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
D.C. Code § 19-115 — DC Code / Title 19 / Chapter 1 / § 19-115
§ 19-115. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Domestic partner” shall have the same meaning as provided in § 32-701(3) .
(2) “Domestic partnership” shall have the same meaning as provided in § 32-701(4) .
(3) “Probate Court” means the Superior Court of the District of Columbia.
D.C. Code § 19-2314 — DC Code / Title 19 / Chapter 23 / § 19-2314
§ 19-2314. Transitional provision.
Status: in_force

Except as provided in § 19-2313 , this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after [March 7, 2025], regardless of the date of death of the decedent.
D.C. Code § 19-1703.11 — DC Code / Title 19 / Chapter 17 / § 19-1703.11
§ 19-1703.11. Disposition of unappointed property under released or unexercised nongeneral power.
Status: in_force

(a) 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:
    (A) Passes to the permissible appointees if:
      (i) The permissible appointees are defined and limited; and
      (ii) The terms of the instrument creating the power do not manifest a contrary intent; or
    (B) If there is no taker under subparagraph (A) of this paragraph, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
D.C. Code § 19-101.05 — DC Code / Title 19 / Chapter 1 / § 19-101.05
§ 19-101.05. Source, determination, and documentation; equitable apportionment when minor children are not in custody of the surviving spouse or surviving domestic partner.
Status: in_force

(a) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, surviving domestic partner, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the surviving domestic partner, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time, or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may disburse the family allowance in a lump sum not exceeding $30,000 in cash or in personalty at its fair value as the surviving spouse or surviving domestic partner may elect. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
(b) If there are minor or other dependent children of the decedent who are not in the custody of the surviving spouse or surviving domestic partner, the personal representative shall equitably apportion the family allowance under this section between the surviving spouse or surviving domestic partner, minor and dependent children, and other children of the decedent.
D.C. Code § 19-107a — DC Code / Title 19 / Chapter 1 / § 19-107a
§ 19-107a. Release of dower.
Status: repealed

Repealed.
D.C. Code § 19-319 — DC Code / Title 19 / Chapter 3 / § 19-319
§ 19-319. Advancements.
Status: in_force

(a) If a child or descendant has been advanced by the intestate during the intestate’s lifetime, by settlement or portion, real estate or personal estate, the value thereof is reckoned for the purposes of descent and distribution as part of the estate of the intestate descendible and to be divided among his heirs or distributed to his distributees. Where the advancement is equal to or greater than a share, the child or descendant is excluded from any further share in the estate of the intestate and is not liable to refund any part of the amount so advanced; but the surviving spouse has no advantage by bringing the advancement into reckoning. Where the advancement is less than a share, the child or descendant receives so much, only, of the personal estate, and inherits so much, only, of the real estate, of the intestate, as is sufficient to make all the shares of all the children in the whole property, including the advancement, equal. The value of real or personal estate so advanced shall be estimated according to the worth thereof when given. Maintenance or education of a child or descendant, or giving him money or real estate, without a view to a portion or settlement in life, is not an advancement.
(b) Where an advancement to be adjusted, as provided by subsection (a) of this section, consisted of real estate, the adjustment shall be made out of the real estate descendible to the heirs. Where the advancement was in personal estate, the adjustment shall be made out of the surplus of the personal estate to be distributed to the distributees. Where either species of estate is insufficient to enable the adjustment to be fully made, the deficiency shall be adjusted out of the other.
D.C. Code § 19-604.19 — DC Code / Title 19 / Chapter 6 / § 19-604.19
§ 19-604.19. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001   et seq.) (“Electronic Signatures Act”), but does not modify, limit, or supersede section 101(c) of the Electronic Signatures Act, or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures Act.
D.C. Code § 19-1302.02 — DC Code / Title 19 / Chapter 13 / § 19-1302.02
§ 19-1302.02. Jurisdiction over trustee and beneficiary.
Status: in_force

(a) By accepting the trusteeship of a trust having its principal place of administration in the District of Columbia or by moving the principal place of administration to the District of Columbia, the trustee submits personally to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in the District of Columbia are subject to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
D.C. Code § 19-1304.06 — DC Code / Title 19 / Chapter 13 / § 19-1304.06
§ 19-1304.06. Creation of trust induced by fraud, duress, or undue influence.
Status: in_force

A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
D.C. Code § 19-602.11 — DC Code / Title 19 / Chapter 6 / § 19-602.11
§ 19-602.11. Ownership during lifetime.
Status: in_force

(a) For the purposes of this section, the term “net contribution” of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term “net contribution” includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
(b) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties either married to or domestic partners of each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
(c) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
(d) An agent in an account with an agency designation has no beneficial right to sums on deposit.
D.C. Code § 19-1921 — DC Code / Title 19 / Chapter 19 / § 19-1921
§ 19-1921. Need to distribute not required.
Status: in_force

An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
D.C. Code § 19-902 — DC Code / Title 19 / Chapter 9 / § 19-902
§ 19-902. When nonvested property interest or power of appointment is created.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section and in section 19-905(a), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b) For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 19-901(b) or (c), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
D.C. Code § 19-1115 — DC Code / Title 19 / Chapter 11 / § 19-1115
§ 19-1115. Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
Status: in_force

(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property once each year, upon request at reasonable times by the beneficiary or the beneficiary’s legal representative, upon resignation or removal of the custodial trustee, and upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary’s legal representative, if any. Upon termination of the beneficiary’s interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(b) A beneficiary, the beneficiary’s legal representative, an adult member of the beneficiary’s family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee’s legal representative.
(c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
(d) In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee’s legal representative to account. The custodial trustee or the custodial trustee’s legal representative may petition the court for approval of final accounts.
(e) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(f) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
D.C. Code § 19-906 — DC Code / Title 19 / Chapter 9 / § 19-906
§ 19-906. Supersession.
Status: in_force

This chapter supersedes the rule of the common law known as the rule against perpetuities.
D.C. Code § 19-602.22 — DC Code / Title 19 / Chapter 6 / § 19-602.22
§ 19-602.22. Payment on multiple-party account.
Status: in_force

A financial institution, on request, may pay sums on deposit in a multiple-party account to:
(1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party; or
(2) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account, either as a party or beneficiary, unless the account is without right of survivorship under section 19-602.12.
D.C. Code § 19-1306.03 — DC Code / Title 19 / Chapter 13 / § 19-1306.03
§ 19-1306.03. Settlor’s powers; powers of withdrawal.
Status: in_force

(a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
(b) While a trust is not revocable, for so long as a person has a currently exercisable power of withdrawal over the entire principal of the trust, the duties of a trustee are owed exclusively to such person.
(c) While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary shall have the right to enforce the settlor’s intent to benefit the beneficiary during the settlor’s incapacity.
(d) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
D.C. Code § 19-2307 — DC Code / Title 19 / Chapter 23 / § 19-2307
§ 19-2307. Other remedies available at death.
Status: in_force

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:
  (1) The surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or
  (2) The decedent that takes effect at the death of the decedent.
(b) In determining a right under subsection (a) of this section and corresponding remedy, the court:
  (1) Shall apply equitable principles; and
  (2) May consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.
D.C. Code § 19-1310.12 — DC Code / Title 19 / Chapter 13 / § 19-1310.12
§ 19-1310.12. Protection of person dealing with trustee.
Status: in_force

(a) 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.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee’s powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
D.C. Code § 19-2308 — DC Code / Title 19 / Chapter 23 / § 19-2308
§ 19-2308. Right of surviving community-property spouse.
Status: in_force

(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:
  (1) In an action asserting a right in or to property, the surviving community-property spouse must:
    (A) Not later than 3 years after the death of the decedent, commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property; or
    (B) Not later than 6 months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; and
  (2) In an action other than an action under paragraph (1) of this subsection, the surviving community-property spouse must:
    (A) Not later than 6 months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or
    (B) If a personal representative is not appointed, commence the action not later than 3 years after the death of the decedent.
(b) Unless a timely demand is made under subsection (a)(1)(B) or (2)(A) of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for a community-property spouse's claim under this chapter .
D.C. Code § 19-509 — DC Code / Title 19 / Chapter 5 / § 19-509
§ 19-509. Application to existing relationships.
Status: in_force

On the effective date of this chapter [April 27, 2001]:
(1) An act done before the effective date in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before the effective date, the provisions remain in force with respect to that right; and
(2) Any rule of construction or presumption provided in this chapter applies to instruments executed and multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
D.C. Code § 19-1303.04 — DC Code / Title 19 / Chapter 13 / § 19-1303.04
§ 19-1303.04. Representation by person having substantially identical interest.
Status: in_force

Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with respect to the particular question or dispute.
D.C. Code § 19-1703.02 — DC Code / Title 19 / Chapter 17 / § 19-1703.02
§ 19-1703.02. Intent to exercise: determining intent from residuary clause.
Status: in_force

(a) For the purposes of this section, the term:
  (1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
  (2) "Will" includes a codicil and a testamentary instrument that revises another will.
(b) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
  (1) The terms of the instrument containing the residuary clause do not manifest a contrary intent;
  (2) The power is a general power exercisable in favor of the powerholder's estate;
  (3) There is no gift-in-default clause or the clause is ineffective; and
  (4) The powerholder did not release the power.
D.C. Code § 19-1305.06 — DC Code / Title 19 / Chapter 13 / § 19-1305.06
§ 19-1305.06. Overdue distribution.
Status: in_force

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
D.C. Code § 19-905 — DC Code / Title 19 / Chapter 9 / § 19-905
§ 19-905. Prospective application.
Status: in_force

(a) Except as extended by subsection (b) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this chapter [April 27, 2001]. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before the effective date of this chapter [April 27, 2001] and is determined in a judicial proceeding, commenced on or after the effective date of this chapter [April 27, 2001], to violate the District of Columbia’s rule against perpetuities as that rule existed before the effective date of this chapter [April 27, 2001], a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
D.C. Code § 19-106 — DC Code / Title 19 / Chapter 1 / § 19-106
§ 19-106. Jointure after marriage; election.
Status: repealed

Repealed.
D.C. Code § 19-602.26 — DC Code / Title 19 / Chapter 6 / § 19-602.26
§ 19-602.26. Discharge.
Status: in_force

(a) Payment made pursuant to this subchapter in accordance with the terms of the account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party, beneficiary, or agent has a disability, is incapacitated, or deceased when payment is requested, received, or made.
(b) Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.
(c) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.
(d) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.
D.C. Code § 19-1926 — DC Code / Title 19 / Chapter 19 / § 19-1926
§ 19-1926. Later-discovered property.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.
(b) Except as otherwise provided in subsection (c) of this section, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.
(c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
D.C. Code § 19-2114 — DC Code / Title 19 / Chapter 21 / § 19-2114
§ 19-2114. Defenses in action against trust director.
Status: in_force

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
D.C. Code § 19-603.08 — DC Code / Title 19 / Chapter 6 / § 19-603.08
§ 19-603.08. Protection of registering entity.
Status: in_force

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this subchapter.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this subchapter.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 19-603.07 and does so in good faith reliance (1) on the registration, (2) on this subchapter, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this subchapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this subchapter.
(d) The protection provided by this subchapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
D.C. Code § 19-1308.10 — DC Code / Title 19 / Chapter 13 / § 19-1308.10
§ 19-1308.10. Recordkeeping and identification of trust property.
Status: in_force

(a) A trustee shall keep adequate records of the administration of the trust.
(b) A trustee shall keep trust property separate from the trustee’s own property.
(c) Except as otherwise provided in subsection (d) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of 2 or more separate trusts.
D.C. Code § 19-1303.03 — DC Code / Title 19 / Chapter 13 / § 19-1303.03
§ 19-1303.03. Representation by fiduciaries and parents.
Status: in_force

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) A conservator may represent and bind the estate that the conservator controls;
(2) A guardian may represent and bind the ward if a conservator of the ward’s estate has not been appointed;
(3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(4) A trustee may represent and bind the beneficiaries of the trust;
(5) A personal representative of a decedent’s estate may represent and bind persons interested in the estate;
(6) A parent may represent and bind the parent’s minor or unborn child if a conservator or guardian for the child has not been appointed;
(7) An individual may represent a grandchild or a more remote descendent, whether born or unborn, whom a parent may not represent and bind under paragraph (6) of this subsection; and
(8) A qualified beneficiary may represent and bind any beneficiary who may succeed to the qualified beneficiary’s interest under the terms of the trust or pursuant to the exercise of a power of appointment.
D.C. Code § 19-102 — DC Code / Title 19 / Chapter 1 / § 19-102
§ 19-102. Dower and curtesy abolished.
Status: in_force

The estates of dower and curtesy are abolished.
D.C. Code § 19-2101 — DC Code / Title 19 / Chapter 21 / § 19-2101
§ 19-2101. Short title.
Status: in_force

This chapter may be cited as the "Uniform Directed Trust Act".
D.C. Code § 19-304 — DC Code / Title 19 / Chapter 3 / § 19-304
§ 19-304. When surviving spouse entitled to one-half.
Status: repealed

Repealed.
D.C. Code § 19-312 — DC Code / Title 19 / Chapter 3 / § 19-312
§ 19-312. Share of grandfather and grandmother.
Status: in_force

The grandparents, or such of them as survive, share alike where there are no collaterals.
D.C. Code § 19-603.02 — DC Code / Title 19 / Chapter 6 / § 19-603.02
§ 19-603.02. Registration in beneficiary form; sole or joint tenancy ownership.
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
D.C. Code § 19-1706.03 — DC Code / Title 19 / Chapter 17 / § 19-1706.03
§ 19-1706.03. Application to existing relationships.
Status: in_force

(a) Except as otherwise provided in this chapter, on and after [March 7, 2025], the following rules apply:
  (1) This chapter applies to a power of appointment created before, on, or after [March 7, 2025];
  (2) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after [March 7, 2025];
  (3) This chapter applies to a judicial proceeding concerning a power of appointment commenced before [March 7, 2025] unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies;
  (4) A rule of construction or presumption provided in this chapter applies to an instrument executed before [March 7, 2025] unless there is a clear indication of a contrary intent in the terms of the instrument; and
  (5) Except as otherwise provided in paragraphs (1) through (4) of this subsection, an action done before [March 7, 2025] is not affected by this chapter.
(b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of the District of Columbia other than this chapter before [March 7, 2025], the law continues to apply to the right.
D.C. Code § 19-1702.03 — DC Code / Title 19 / Chapter 17 / § 19-1702.03
§ 19-1702.03. Presumption of unlimited authority.
Status: in_force

(a) Subject to § 19-1702.05 , and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:
  (1) Presently exercisable;
  (2) Exclusionary; and
  (3) Except as otherwise provided in § 19-1702.04 , general.
D.C. Code § 19-2107 — DC Code / Title 19 / Chapter 21 / § 19-2107
§ 19-2107. Limitations on trust director.
Status: in_force

(a) A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) regarding:
  (1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in section 1917(d)(4)(A) of the Social Security Act, approved September 3, 1982 (96 Stat. 370; 42 U.S.C. § 1396p(d)(4)(A)), and regulations issued thereunder; and
  (2) A charitable interest in the trust, including notice regarding the interest to the Attorney General for the District of Columbia.
D.C. Code § 19-1909 — DC Code / Title 19 / Chapter 19 / § 19-1909
§ 19-1909. Court involvement.
Status: in_force

(a) On application of an authorized fiduciary a person entitled to notice under § 19-1907(c) , a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:
  (1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;
  (2) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power;
  (3) Approve an exercise of the decanting power;
  (4) Determine that a proposed or attempted exercise of the decanting power is ineffective because:
    (A) After applying § 19-1922 , the proposed or attempted exercise does not or did not comply with this chapter ; or
    (B) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
  (5) Determine the extent to which § 19-1922 applies to a prior exercise of the decanting power;
  (6) Provide instructions to the trustee regarding the application of § 19-1922 to a prior exercise of the decanting power; or
  (7) Order other relief to carry out the purposes of this chapter .
(b) On application of an authorized fiduciary, the court may approve:
  (1) An increase in the fiduciary's compensation under § 19-1916 ; or
  (2) A modification under § 19-1918 of a provision granting a person the right to remove or replace the fiduciary.
D.C. Code § 19-1310.10 — DC Code / Title 19 / Chapter 13 / § 19-1310.10
§ 19-1310.10. Limitation on personal liability of trustee.
Status: in_force

(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim.
D.C. Code § 19-604.04 — DC Code / Title 19 / Chapter 6 / § 19-604.04
§ 19-604.04. Nonexclusivity.
Status: in_force

This subchapter does not affect any method of transferring property otherwise permitted under the law of the District of Columbia.
D.C. Code § 19-1310.08 — DC Code / Title 19 / Chapter 13 / § 19-1310.08
§ 19-1310.08. Exculpation of trustee.
Status: in_force

(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
  (1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
  (2) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
D.C. Code § 19-1304.17 — DC Code / Title 19 / Chapter 13 / § 19-1304.17
§ 19-1304.17. Combination and division of trusts.
Status: in_force

After notice to the qualified beneficiaries, a trustee may combine 2 or more trusts into a single trust or divide a trust into 2 or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
D.C. Code § 19-1304.13 — DC Code / Title 19 / Chapter 13 / § 19-1304.13
§ 19-1304.13. Cy pres.
Status: in_force

Except as otherwise provided in the terms of the trust, if a particular charitable purpose is or becomes unlawful, impracticable, impossible to achieve, or wasteful:
(1) The trust does not fail, in whole or in part;
(2) The trust property does not revert to the settlor or the settlor’s successors in interest; and
(3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes.
D.C. Code § 19-1113 — DC Code / Title 19 / Chapter 11 / § 19-1113
§ 19-1113. Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee.
Status: in_force

(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor’s legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under § 19-1103 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to section 19-1103. In other cases, the transferor or the transferor’s legal representative may designate a substitute custodial trustee.
(b) A custodial trustee who has accepted the custodial trust property may resign by:
  (1) Delivering written notice to a successor custodial trustee, if any, the beneficiary and, if the beneficiary is incapacitated, to the beneficiary’s conservator, if any; and
  (2) Transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection (c) of this section.
(c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under section 19-1102(g) or section 19-1103 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated, or fails to act within 90 days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the beneficiary’s conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee.
(d) If a success or custodial trustee is not designated pursuant to subsection (c) of this section, the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary’s family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee.
(e) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received.
(f) A beneficiary, the beneficiary’s conservator, an adult member of the beneficiary’s family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief.
D.C. Code § 19-1510 — DC Code / Title 19 / Chapter 15 / § 19-1510
§ 19-1510. Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
Status: in_force

(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
D.C. Code § 19-305 — DC Code / Title 19 / Chapter 3 / § 19-305
§ 19-305. Distribution of surplus after payment to surviving spouse or surviving domestic partner.
Status: in_force

The surplus, above the share of the surviving spouse or surviving domestic partner, or the whole surplus, when there is no surviving spouse or surviving domestic partner, descends and is distributed as provided by this chapter and by section 19-701  .
D.C. Code § 19-307 — DC Code / Title 19 / Chapter 3 / § 19-307
§ 19-307. Grandchildren’s share.
Status: in_force

(a) Subject to subsection (b) of this section, and to section 19-319, when the intestate leaves a child and a child of a deceased child, the child of the deceased child takes such share as his deceased parent would, if living, be entitled to, and every other descendant in existence at the death of the intestate stands in the place of his deceased ancestor.
(b) Those in equal degree claiming in the place of an ancestor take equal shares.
D.C. Code § 19-1101 — DC Code / Title 19 / Chapter 11 / § 19-1101
§ 19-1101. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Adult” means an individual who is at least 18 years of age.
(2) “Beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual’s use and benefit under this chapter.
(3) “Conservator” means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.
(4) “Court” means the Superior Court of the District of Columbia.
(5) “Custodial trust property” means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest.
(6) “Custodial trustee” means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated.
(6A) “Domestic partner” shall have the same meaning as provided in § 32-701(3) .
(7) “Guardian” means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem.
(8) “Incapacitated” means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause.
(9) “Legal representative” means a personal representative or conservator.
(10) “Member of the beneficiary’s family” means a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) “Person” means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
(12) “Personal representative” means an executor, administrator, or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.
(13) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(14) “Transferor” means a person who creates a custodial trust by transfer or declaration.
(15) “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
D.C. Code § 19-1902 — DC Code / Title 19 / Chapter 19 / § 19-1902
§ 19-1902. Definitions.
Status: in_force

(a) For the purposes of this chapter , the term:
  (1) "Appointive property" means the property or property interest subject to a power of appointment.
  (2) "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1) and any applicable regulations.
  (3) "Authorized fiduciary" means:
    (A) A trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries;
    (B) A special fiduciary appointed under § 19-1909 ; or
    (C) A special-needs fiduciary under § 19-1913 .
  (4) "Beneficiary" means a person that:
    (A) Has a present or future, vested or contingent, beneficial interest in a trust;
    (B) Holds a power of appointment over trust property; or
    (C) Is an identified charitable organization that will or may receive distributions under the terms of the trust.
  (5) "Charitable interest" means an interest in a trust which:
    (A) Is held by an identified charitable organization and makes the organization a qualified beneficiary;
    (B) Benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or
    (C) Is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary.
  (6) "Charitable organization" means:
    (A) A person, other than an individual, organized and operated exclusively for charitable purposes; or
    (B) A government or governmental subdivision, agency, or instrumentality, to the extent it holds funds exclusively for a charitable purpose.
  (7) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community.
  (8) "Court" means the Superior Court of the District of Columbia.
  (9) "Current beneficiary" means a beneficiary that on the date the beneficiary's qualification is determined is a distributee or permissible distributee of trust income or principal.  The term includes the holder of a presently exercisable general power of appointment but does not include a person that is a beneficiary only because the person holds any other power of appointment.
  (10) "Decanting power" means the power of an authorized fiduciary under this chapter to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust.
  (11) "Expanded distributive discretion" means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard.
  (12) "First trust" means a trust over which an authorized fiduciary may exercise the decanting power.
  (13) "First-trust instrument" means the trust instrument for a first trust.
  (14) "General power of appointment" means a power of appointment exercisable in favor of a powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
  (15) "Jurisdiction," with respect to a geographic area, includes a state or country.
  (16) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
  (17) "Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property.  The term "power of appointment" does not include a power of attorney.
  (18) "Powerholder" means a person in which a donor creates a power of appointment.
  (19) (A) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time and includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:
      (i) The occurrence of the specified event;
      (ii) The satisfaction of the ascertainable standard; or
      (iii) The passage of the specified time.
    (B) The term "presently exercisable power of appointment" does not include a power exercisable only at the powerholder's death.
  (20) "Qualified beneficiary" means a beneficiary that on the date the beneficiary's qualification is determined:
    (A) Is a distributee or permissible distributee of trust income or principal;
    (B) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this paragraph terminated on that date without causing the trust to terminate; or
    (C) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
  (21) "Reasonably definite standard" means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of 26 U.S.C. § 674(b)(5)(A) and any applicable regulations.
  (22) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
  (23) "Second trust" means:
    (A) A first trust after modification under this chapter ; or
    (B) A trust to which a distribution of property from a first trust is or may be made under this chapter .
  (24) "Second-trust instrument" means the trust instrument for a second trust.
  (25) "Settlor," except as otherwise provided in § 19-1925 , means a person, including a testator, that creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to the person's contribution except to the extent another person has power to revoke or withdraw that portion.
  (26) "Sign" means, with present intent to authenticate or adopt a record:
    (A) To execute or adopt a tangible symbol; or
    (B) To attach to or logically associate with the record an electronic symbol, sound, or process.
  (27) "State" means a state of the United States, the District, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
  (28) "Terms of a trust" means:
    (A) Except as otherwise provided in subparagraph (B) of this paragraph, the manifestation of the settlor's intent regarding a trust's provisions as:
      (i) Expressed in the trust instrument; or
      (ii) Established by other evidence that would be admissible in a judicial proceeding; or
    (B) The trust's provisions as established, determined, or amended by:
      (i) A trustee or trust director in accordance with applicable law;
      (ii) Court order; or
      (iii) A nonjudicial settlement agreement under § 19-1301.11 .
  (29) "Trust instrument" means a record executed by the settlor to create a trust or by any person to create a second trust which contains some or all of the terms of the trust, including any amendments.
D.C. Code § 19-603.07 — DC Code / Title 19 / Chapter 6 / § 19-603.07
§ 19-603.07. Ownership on death of owner.
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
D.C. Code § 19-903 — DC Code / Title 19 / Chapter 9 / § 19-903
§ 19-903. Reformation.
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by section 19-901(a)(2)  , (b)(2), or (c)(2) if:
(1) A nonvested property interest or a power of appointment becomes invalid under section 19-901;
(2) A class gift is not but might become invalid under section 19-901 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by section 19-901(a)(1) can vest but not within 90 years after its creation.
D.C. Code § 19-604.17 — DC Code / Title 19 / Chapter 6 / § 19-604.17
§ 19-604.17. Optional form of revocation.
Status: in_force

The following form may be used to create an instrument of revocation under this subchapter. The other sections of this subchapter govern the effect of this or any other instrument used to revoke a transfer on death deed.
(front of form) REVOCATION OF TRANSFER ON DEATH DEED
NOTICE TO OWNER
This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
........................................................................
Printed name  Mailing address
........................................................................
Printed name  Mailing address
Legal description of the property:
........................................................................
REVOCATION
I revoke all my previous transfers of this property by transfer on death deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
.................................................. [(SEAL)] ......................
Signature  Date
.................................................. [(SEAL)] ......................
Signature  Date
ACKNOWLEDGMENT
(insert acknowledgment here)
(back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM
How do I use this form to revoke a Transfer on Death (“TOD”) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the Office of the Recorder of Deeds. The form must be acknowledged and recorded before your death or it has no effect.
How do I find the “legal description” of the property? This information may be on the TOD deed. It may also be available in the Office of the Recorder of Deeds. If you are not absolutely sure, consult a lawyer.
How do I “record” the form? Take the completed and acknowledged form to the Office of the Recorder of Deeds. Follow the instructions given by the Recorder of Deeds to make the form part of the official property records.
I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.
I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.
D.C. Code § 19-2109 — DC Code / Title 19 / Chapter 21 / § 19-2109
§ 19-2109. Duty and liability of directed trustee.
Status: in_force

(a) Subject to subsection (b) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) , and the trustee is not liable for the action.
(b) A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under § 19-2106(b)(1) to the extent that by complying the trustee would engage in willful misconduct.
(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
  (1) The breach involved the trustee's or other director's willful misconduct;
  (2) The release was induced by improper conduct of the trustee or other director in procuring the release; or
  (3) At the time of the release, the director did not know the material facts relating to the breach.
(d) A directed trustee that has reasonable doubt about its duty under this section may petition the Superior Court of the District of Columbia for instructions.
(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
D.C. Code § 19-1703.07 — DC Code / Title 19 / Chapter 17 / § 19-1703.07
§ 19-1703.07. Impermissible appointment.
Status: in_force

(a) Except as otherwise provided in § 19-1703.06 , an exercise of a power of appointment in favor of an impermissible appointee is ineffective.
(b) 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.
D.C. Code § 19-1109 — DC Code / Title 19 / Chapter 11 / § 19-1109
§ 19-1109. Use of custodial trust property.
Status: in_force

(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary’s use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, at the time, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
D.C. Code § 19-1304.07 — DC Code / Title 19 / Chapter 13 / § 19-1304.07
§ 19-1304.07. Evidence of oral trust.
Status: in_force

Except as required by a statute other than this chapter, 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 and convincing evidence.
D.C. Code § 19-907 — DC Code / Title 19 / Chapter 9 / § 19-907
§ 19-907. Uniformity of application and construction.
Status: in_force

In applying and construing this Uniform Act [this chapter], consideration must be given to the need to promote uniformity of the law with respect to the subject matter among states enacting it.
D.C. Code § 19-2106 — DC Code / Title 19 / Chapter 21 / § 19-2106
§ 19-2106. Powers of trust director.
Status: in_force

(a) Subject to § 19-2107 , the terms of a trust may grant a power of direction to a trust director.
(b) Unless the terms of a trust provide otherwise:
  (1) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a) of this section; and
  (2) Trust directors with joint powers must act by majority decision.
D.C. Code § 19-1308.15 — DC Code / Title 19 / Chapter 13 / § 19-1308.15
§ 19-1308.15. General powers of trustee.
Status: in_force

(a) A trustee, without authorization by the court, may exercise:
  (1) Powers conferred by the terms of the trust; and
  (2) Except as limited by the terms of the trust:
    (A) All powers over the trust property which an unmarried competent owner has over individually owned property;
    (B) Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
    (C) Any other powers conferred by this chapter.
(b) The exercise of a power is subject to the fiduciary duties prescribed by this subchapter.
D.C. Code § 19-1702.05 — DC Code / Title 19 / Chapter 17 / § 19-1702.05
§ 19-1702.05. Rules of classification.
Status: in_force

(a) In this section, the term "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(b) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
(c) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
D.C. Code § 19-603.11 — DC Code / Title 19 / Chapter 6 / § 19-603.11
§ 19-603.11. Application of subchapter.
Status: in_force

This subchapter applies to registrations of securities in beneficiary form made before or after the effective date of this act [April 27, 2001], by decedents dying on or after the effective date of this act [April 27, 2001].
D.C. Code § 19-507 — DC Code / Title 19 / Chapter 5 / § 19-507
§ 19-507. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient.
Status: in_force

(a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this chapter, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the person’s apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this chapter. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this chapter.
(b) Written notice of a claimed lack of entitlement under subsection (a) of this section must be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this chapter, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence. The court shall hold the funds or item of property and, upon its determination under this chapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
(c) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of property, or benefit nor liable under this chapter for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this chapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this chapter.
(d) If this chapter or any part of this chapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this chapter, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this chapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this chapter or part of this chapter not preempted.
D.C. Code § 19-604.07 — DC Code / Title 19 / Chapter 6 / § 19-604.07
§ 19-604.07. Transfer on death deed nontestamentary.
Status: in_force

A transfer on death deed is nontestamentary.
D.C. Code § 19-1903 — DC Code / Title 19 / Chapter 19 / § 19-1903
§ 19-1903. Scope.
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.
(b) this chapter does not apply to a trust held solely for charitable purposes.
(c) Subject to § 19-1915 , a trust instrument may restrict or prohibit exercise of the decanting power.
(d) this chapter does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of the District other than this chapter, common law, a court order, or a nonjudicial settlement agreement.
(e) This chapter does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
D.C. Code § 19-1927 — DC Code / Title 19 / Chapter 19 / § 19-1927
§ 19-1927. Obligations.
Status: in_force

A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.
D.C. Code § 19-901 — DC Code / Title 19 / Chapter 9 / § 19-901
§ 19-901. Statutory rule against perpetuities.
Status: in_force

(a) A nonvested property interest is invalid unless:
  (1) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
  (2) The interest either vests or terminates within 90 years after its creation.
(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
  (1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
  (2) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
  (1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
  (2) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1) of this section, the possibility that a child will be born to an individual after the individual’s death is disregarded.
(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust beyond, (2) seeks to postpone the vesting or termination of any interest or trust until, or (3) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
D.C. Code § 19-1910 — DC Code / Title 19 / Chapter 19 / § 19-1910
§ 19-1910. Formalities.
Status: in_force

An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by § 19-1907 , identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
D.C. Code § 19-2110 — DC Code / Title 19 / Chapter 21 / § 19-2110
§ 19-2110. Duty to provide information to trust director or trustee.
Status: in_force

(a) Subject to § 19-2111 , a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
  (1) The powers or duties of the trustee; and
  (2) The powers or duties of the director.
(b) Subject to § 19-2111 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
  (1) The powers or duties of the director; and
  (2) The powers or duties of the trustee or other director.
(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
D.C. Code § 19-1705.01 — DC Code / Title 19 / Chapter 17 / § 19-1705.01
§ 19-1705.01. Creditor claim: general power created by powerholder.
Status: in_force

(a) For the purposes of this section, the term "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.
(b) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in §§ 28-3101 to 28-3111 .
(c) Subject to subsection (b) of this section, appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.
(d) Subject to subsections (b) and (c) of this section, and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:
  (1) The powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and
  (2) The powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.
D.C. Code § 19-1701.04 — DC Code / Title 19 / Chapter 17 / § 19-1701.04
§ 19-1701.04. Common law and principles of equity.
Status: in_force

The common law and principles of equity supplement this chapter , except to the extent modified by this chapter or law of the District of Columbia other than this chapter.
D.C. Code § 19-603.05 — DC Code / Title 19 / Chapter 6 / § 19-603.05
§ 19-603.05. Form of registration in beneficiary form.
Status: in_force

Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.
D.C. Code § 19-604.01 — DC Code / Title 19 / Chapter 6 / § 19-604.01
§ 19-604.01. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Real Property Transfer on Death Act”.
D.C. Code § 19-604.13 — DC Code / Title 19 / Chapter 6 / § 19-604.13
§ 19-604.13. Effect of transfer on death deed at transferor’s death.
Status: in_force

(a) Except as otherwise provided in the transfer on death deed, in this section, or in § 16-910 , § 18-308 , § 19-320 , § 19-502 , or in Chapter 1 of Title 19 , on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
  (1) Subject to paragraph (2) of this section, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
  (2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest lapses if a designated beneficiary fails to survive the transferor.
  (3) Subject to paragraph (4) of this section, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
  (4) If the transferor has identified 2 or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
(b) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this subsection, the recording of the transfer on death deed is deemed to have occurred at the transferor’s death.
(c) If a transferor is a joint owner and is survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship.
(d) If a transferor is a joint owner and is the last surviving joint owner, the transfer-on death-deed is effective.
(e) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
D.C. Code § 19-110 — DC Code / Title 19 / Chapter 1 / § 19-110
§ 19-110. Assignment by guardian; rights of heir.
Status: repealed

Repealed.
D.C. Code § 19-101.04 — DC Code / Title 19 / Chapter 1 / § 19-101.04
§ 19-101.04. Family allowance.
Status: in_force

(a) In addition to the right to homestead allowance and exempt property, the decedent’s surviving spouse or surviving domestic partner, and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration. It is payable to the surviving spouse or surviving domestic partner, if living, for the use of the surviving spouse or surviving domestic partner and the decedent’s surviving minor and dependent children; otherwise to the children, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse or surviving domestic partner, the allowance may be made partially to the child or his or her guardian, or other person having the child’s care and custody, and partially to the spouse or domestic partner, as their needs may appear. The family allowance is exempt from and has priority over all claims, except the homestead allowance, and as provided in section 20-906.
(b) The family allowance is not chargeable against any benefit or share passing to the surviving spouse, surviving domestic partner, or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates the right to allowances not yet paid.
D.C. Code § 19-1118 — DC Code / Title 19 / Chapter 11 / § 19-1118
§ 19-1118. Methods and forms for creating custodial trusts.
Status: in_force

(a) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 19-1102 are satisfied by:
  (1) The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:
  TRANSFER UNDER THE DISTRICT OF COLUMBIA’S UNIFORM CUSTODIAL TRUST ACT
  I, ______ (name of transferor or name and representative capacity if a fiduciary), transfer to ______ (name of trustee other than transferor), as custodial trustee for ______ (name of beneficiary) as beneficiary and ______ as distributee on termination of the trust in absence of direction by the beneficiary under the District of Columbia’s Uniform Custodial Trust Act, the following: (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).
  Dated: ______
  __________
  (Signature); or
  (2) The execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form:
  DECLARATION OF TRUST UNDER THE DISTRICT OF COLUMBIA’S UNIFORM CUSTODIAL TRUST ACT
  I, ______ (name of owner of property), declare that henceforth I hold as custodial trustee for ______ (name of beneficiary other than transferor) as beneficiary and ______ as distributee on termination of the trust in absence of direction by the beneficiary under the District of Columbia’s Uniform Custodial Trust Act, the following: (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).
  Dated: ______
  __________
  (Signature)
(b) Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including any of the following:
  (1) Registration of a security in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (2) Delivery of a certificated security, or a document necessary for the transfer of an uncertificated security, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in subsection (a)(1) of this section;
  (3) Payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (4) Registration of ownership of a life or endowment insurance policy or annuity contract with the issuer in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (5) Delivery of a written assignment to an adult other than the transferor or to a trust company whose name in the assignment is designated in substance by the words: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (6) Irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust company, an adult other than the donee of the power, or the donee who holds the power if the beneficiary is other than the donee, whose name in the appointment is designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (7) Delivery of a written notification or assignment of a right to future payment under a contract to an obligor which transfers the right under the contract to a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, whose name in the notification or assignment is designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (8) Execution, delivery, and recordation of a conveyance of an interest in real property in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”;
  (9) Issuance of a certificate of title by an agency of a state or of the United States which evidences title to tangible personal property:
    (A) Issued in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”; or
    (B) Delivered to a trust company or an adult other than the transferor or endorsed by the transferor to that person, designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act”; or
  (10) Execution and delivery of an instrument of gift to a trust company or an adult other than the transferor, designated in substance: “as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act.”
D.C. Code § 19-1304.04 — DC Code / Title 19 / Chapter 13 / § 19-1304.04
§ 19-1304.04. Trust purposes.
Status: in_force

A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.
D.C. Code § 19-1304.18 — DC Code / Title 19 / Chapter 13 / § 19-1304.18
§ 19-1304.18. Title of trust property.
Status: in_force

Real or personal property that is transferred to a trust may be titled in the name of:
(1) The trust by reference to the instrument creating the trust;
(2) The current trustee as the trustee of such trust; or
(3) “The trustee” as the trustee of such trust.
D.C. Code § 19-1508 — DC Code / Title 19 / Chapter 15 / § 19-1508
§ 19-1508. Disclaimer of interest by trustee.
Status: in_force

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
D.C. Code § 19-506 — DC Code / Title 19 / Chapter 5 / § 19-506
§ 19-506. Exceptions.
Status: in_force

Survival by 120 hours is not required if:
(1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
(2) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a specified period, but survival of the event or the specified period must be established by clear and convincing evidence;
(3) The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity under section 19-901(a) (1), (b) (1), or (c) (1) or to become invalid under section 19-901(a) (2), (b) (2), or (c) (2), but survival must be established by clear and convincing evidence; or
(4) The application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition, but survival must be established by clear and convincing evidence.
D.C. Code § 19-1309.03 — DC Code / Title 19 / Chapter 13 / § 19-1309.03
§ 19-1309.03. Diversification.
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
D.C. Code § 19-604.18 — DC Code / Title 19 / Chapter 6 / § 19-604.18
§ 19-604.18. Uniformity of application and construction.
Status: in_force

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 the states that enact it.
D.C. Code § 19-107 — DC Code / Title 19 / Chapter 1 / § 19-107
§ 19-107. Effect of acts of one spouse.
Status: repealed

Repealed.
D.C. Code § 19-1305.03 — DC Code / Title 19 / Chapter 13 / § 19-1305.03
§ 19-1305.03. Exceptions to spendthrift provision.
Status: in_force

(a) For the purposes of this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or another State.
(b) Whether or not a trust contains a spendthrift provision, a beneficiary’s child, who has a judgment or court order against the beneficiary for support or maintenance, may obtain from a court an order attaching present or future distributions when payable under the terms of the trust to or for the benefit of the beneficiary.
(c) A spendthrift provision is unenforceable against a claim of the District of Columbia or the United States to the extent a statute of the District of Columbia or federal law so provides.
D.C. Code § 19-1310.04 — DC Code / Title 19 / Chapter 13 / § 19-1310.04
§ 19-1310.04. Attorney’s fees and costs.
Status: in_force

In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
D.C. Code § 19-2116 — DC Code / Title 19 / Chapter 21 / § 19-2116
§ 19-2116. Office of trust director.
Status: in_force

(a) Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
  (1) Acceptance under § 19-1307.01 ;
  (2) Giving of bond to secure performance under § 19-1307.02 ;
  (3) Reasonable compensation under § 19-1307.08 ;
  (4) Resignation under § 19-1307.05 ;
  (5) Removal under § 19-1307.06 ; and
  (6) Vacancy and appointment of successor under § 19-1307.04 .
D.C. Code § 19-1310.09 — DC Code / Title 19 / Chapter 13 / § 19-1310.09
§ 19-1310.09. Beneficiary's consent, release, or ratification.
Status: in_force

(a) For the purposes of this section, the term "interested party" means a beneficiary, representative of a beneficiary, co-trustee, successor trustee, or any other person having an interest in or authority over a trust.
(b) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
  (1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
  (2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
(c) A trustee may elect to follow the procedures set forth in subsection (d) of this section concerning the release of the trustee from liability for the administration of the trust when any of the following occur:
  (1) A trust terminates pursuant to the terms of the trust;
  (2) A trust terminates early pursuant to § 19-1304.11 ; or
  (3) A trustee resigns or is removed.
(d) (1) A trustee seeking a release of the trustee from liability under subsection (c) of this section shall send to the interested party from whom the trustee is seeking the release, by first-class and certified mail, return receipt requested, all of the following:
    (A) A statement showing the fair market value of the assets to be distributed from a terminating trust or to a successor trustee;
    (B) A trust accounting for the prior 2 years showing all receipts and disbursements and inventory value of the net assets;
    (C) An estimate for any items reasonably anticipated to be received or disbursed;
    (D) The amount of any fees, including trustee fees, remaining to be paid;
    (E) Notice that the trust is terminating, or that the trustee has resigned or been removed, and a clear and conspicuous statement providing that if no objections are received from the interested party within 120 days after the notice was sent by the trustee, or if the interested party signs the waiver described in subsection (f)(2) of this section, that the interested party is barred from bringing claims against the trustee for breach of trust;
    (F) A statement from the trustee that the trustee is unaware of any undisclosed information that could give rise to a claim by an interested party;
    (G) The name and mailing address of the trustee; and
    (H) The name and telephone number of a person who may be contacted for additional information.
  (2) The trustee may also provide the information described in this subsection to any other person who the trustee reasonably believes may have an interest in the trust.
(e) (1) If, after receiving the notice and trust information described in subsection (d) of this section, an interested party that received the notice and trust information objects to a disclosed act or omission, the interested party shall provide written notice of the objection to the trustee not later than 120 days after the notice was sent by the trustee. If no written objection is provided in the 120-day time period, the information provided under subsection (d) of this section shall be considered ratified by that interested party. The trustee, in the case of a trust terminating pursuant to the terms of the trust or the trustee's resignation or removal, within a reasonable period of time following the expiration of the 120-day time period, shall distribute the assets as provided in the trust or to the successor trustee. If an interested party gives the trustee a written objection within the applicable 120-day time period, the trustee or the interested party may do either of the following:
    (A) Submit the written objection to the court for resolution and charge the expense of commencing a proceeding to the trust; or
    (B) Resolve the objection by a nonjudicial settlement agreement or other written agreement.
  (2) Any agreement entered into pursuant to paragraph (1)(B) of this subsection may include a release, an indemnity clause, or both, on the part of the interested party against the trustee relating to the trust. Upon a resolution of an objection under this subsection, within a reasonable period of time, the trustee shall distribute the remaining trust assets as provided in the trust or to the successor trustee.
(f) An interested party to whom a report was sent under subsection (d)(1) of this section shall be deemed to have released the trustee and consented to and ratified all actions of the trustee if, within 120 days after the trustee mailed the report, the interested party:
  (1) Does not submit a written objection to the trustee; or
  (2) Submits a written statement to the trustee that the interested party does not object.
(g) When a trustee distributes assets of a terminating trust or to the successor trustee after complying with this section and having received no objections, each interested party who received notice and either consented or failed to object pursuant to this section is barred from bringing a claim against the trustee for breach of trust to the same extent and with the same preclusive effect as if the court had entered a final order approving the trustee's final account.
(h) §§ 19-1303.01 through 19-1303.04 shall apply to this section.
(i) Nothing in this section shall preclude a trustee from proceeding under § 19-1302.01 to have the trustee's accounts reviewed and settled by the court.
D.C. Code § 19-1505 — DC Code / Title 19 / Chapter 15 / § 19-1505
§ 19-1505. Power to disclaim; general requirements; when irrevocable.
Status: in_force

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b) Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the District of Columbia or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c) (1) To be effective, a disclaimer must:
    (A) Be in a writing or other record;
    (B) Declare the disclaimer;
    (C) Describe the interest or power disclaimed;
    (D) Be signed by the person making the disclaimer; and
    (E) Be delivered or filed in the manner provided in § 19-1512 .
  (2) For the purposes of this subsection, the term:
    (A) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
    (B) “Signed” means, with present intent to authenticate or adopt a record, to:
      (i) Execute or adopt a tangible symbol; or
      (ii) Attach to or logically associate with the record an electronic sound, symbol, or process.
(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 19-1512 or when it becomes effective as provided in §§ 19-1506 through 19-1511 , whichever occurs later.
(f) A disclaimer made under this chapter is not a transfer, assignment, or release.
D.C. Code § 19-2102 — DC Code / Title 19 / Chapter 21 / § 19-2102
§ 19-2102. Definitions.
Status: in_force

(a) For the purposes of this chapter , the term:
  (1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of the District other than this chapter pertaining to trusts.
  (2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.
  (3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.
  (4) "District" means the District of Columbia.
  (5) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
  (6) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term "power of direction" includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term "power of direction" does not include the powers described in § 19-2105(b) .
  (7) "Settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.
  (8) "State" means a state of the United States, the District, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
  (9) "Terms of a trust" means:
    (A) Except as otherwise provided in subparagraph (B) of this paragraph, the manifestation of the settlor's intent regarding a trust's provisions as:
      (i) Expressed in the trust instrument; or
      (ii) Established by other evidence that would be admissible in a judicial proceeding; or
    (B) The trust's provisions as established, determined, or amended by:
      (i) A trustee or trust director in accordance with applicable law;
      (ii) Court order; or
      (iii) A nonjudicial settlement agreement under § 19-1301.11 .
  (10) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
  (11) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
D.C. Code § 19-1112 — DC Code / Title 19 / Chapter 11 / § 19-1112
§ 19-1112. Liability to third person.
Status: in_force

(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person:
  (1) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
  (2) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) Subsections (b) and (c) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
D.C. Code § 19-2105 — DC Code / Title 19 / Chapter 21 / § 19-2105
§ 19-2105. Exclusions.
Status: in_force

(a) For the purposes of this section, the term "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.
(b) This chapter does not apply to a:
  (1) Power of appointment;
  (2) Power to appoint or remove a trustee or trust director;
  (3) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
  (4) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
    (A) The beneficiary; or
    (B) Another beneficiary represented by the beneficiary under §§ 19-1303.01 through 19-1303.05 with respect to the exercise or nonexercise of the power; or
  (5) Power over a trust if:
    (A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
    (B) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.
(c) 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.
D.C. Code § 19-603.09 — DC Code / Title 19 / Chapter 6 / § 19-603.09
§ 19-603.09. Nontestamentary transfer on death.
Status: in_force

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this subchapter and is not testamentary.
(b) This subchapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of the District.
D.C. Code § 19-504 — DC Code / Title 19 / Chapter 5 / § 19-504
§ 19-504. Co-owners with right of survivorship; requirement of survival by 120 hours.
Status: in_force

Except as provided in section 19-506  :
(1) If it is not established by clear and convincing evidence that one of 2 co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours; and
(2) If there are more than 2 co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.
D.C. Code § 19-1303.01 — DC Code / Title 19 / Chapter 13 / § 19-1303.01
§ 19-1303.01. Representation: basic effect.
Status: in_force

(a) Notice to a person who may represent and bind another person under this subchapter has the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation by notifying the trustee or the representative before the consent would otherwise have become effective.
(c) Except as otherwise provided in sections 19-1304.11 and 19-1306.02, a person who under this subchapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor’s behalf.
D.C. Code § 19-2311 — DC Code / Title 19 / Chapter 23 / § 19-2311
§ 19-2311. Principles of law and equity.
Status: in_force

The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter .
D.C. Code § 19-1310.02 — DC Code / Title 19 / Chapter 13 / § 19-1310.02
§ 19-1310.02. Damages for breach of trust.
Status: in_force

(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
  (1) 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
  (2) The profit the trustee made by reason of the breach.
(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
D.C. Code § 19-601.01 — DC Code / Title 19 / Chapter 6 / § 19-601.01
§ 19-601.01. Nonprobate transfers on death.
Status: in_force

(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. This section includes a written provision that:
  (1) Money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent’s death to a person whom the decedent designates, either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later;
  (2) Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or
  (3) Any property controlled by or owned by the decedent before death which is the subject of the instrument passes to a person the decedent designates, either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.
(b) This section does not limit rights of creditors under other laws of the District.
(c) This section does not determine the validity of, or priority among, any inconsistent provisions in documents specified in subsection (a) of this section.
D.C. Code § 19-1310.07 — DC Code / Title 19 / Chapter 13 / § 19-1310.07
§ 19-1310.07. Event affecting administration or distribution.
Status: in_force

If the happening of an event, including marriage, divorce, performance of educational requirements, the attainment of a specified age, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s lack of knowledge.
D.C. Code § 19-1310.05 — DC Code / Title 19 / Chapter 13 / § 19-1310.05
§ 19-1310.05. Limitation of action against trustee.
Status: in_force

(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 3 years after the first to occur of:
  (1) The removal, resignation, or death of the trustee;
  (2) The termination of the beneficiary’s interest in the trust; or
  (3) The termination of the trust.
D.C. Code § 19-1301.08 — DC Code / Title 19 / Chapter 13 / § 19-1301.08
§ 19-1301.08. Principal place of administration.
Status: in_force

(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
  (1) A trustee’s principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
  (2) All or part of the administration occurs in the designated jurisdiction.
(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b) of this section, may transfer the trust’s principal place of administration to another State or to a jurisdiction outside of the United States.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust’s principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:
  (1) The name of the jurisdiction to which the principal place of administration is to be transferred;
  (2) The address and telephone number at the new location at which the trustee can be contacted;
  (3) An explanation of the reasons for the proposed transfer;
  (4) The date on which the proposed transfer is anticipated to occur; and
  (5) The date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this section to transfer a trust’s principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f) In connection with a transfer of the trust’s principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 19-1307.04.
D.C. Code § 19-318 — DC Code / Title 19 / Chapter 3 / § 19-318
§ 19-318. Antenuptial children.
Status: in_force

When a man has a child by a woman whom he afterwards marries, the child, if acknowledged by the man, is, in virtue of the marriage and acknowledgment, legitimated and capable in law of inheriting and transmitting heritable property as if born in wedlock.
D.C. Code § 19-2312 — DC Code / Title 19 / Chapter 23 / § 19-2312
§ 19-2312. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter , a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
D.C. Code § 19-1308.17 — DC Code / Title 19 / Chapter 13 / § 19-1308.17
§ 19-1308.17. Distribution upon termination.
Status: in_force

(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes, and to secure a right of reimbursement if the reserve is inadequate.
(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
  (1) It was induced by improper conduct of the trustee; or
  (2) The beneficiary, at the time of the release, did not know of the beneficiary’s rights or of the material facts relating to the breach.
D.C. Code § 19-1922 — DC Code / Title 19 / Chapter 19 / § 19-1922
§ 19-1922. Saving provision.
Status: in_force

(a) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
  (1) A provision in the second-trust instrument which is not permitted under this chapter is void to the extent necessary to comply with this chapter; and
  (2) A provision required by this chapter to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) of this section applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
D.C. Code § 19-1102 — DC Code / Title 19 / Chapter 11 / § 19-1102
§ 19-1102. Custodial trust; general.
Status: in_force

(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under this chapter.
(b) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
(d) Except as provided in subsection (e) of this section, a transferor may not terminate a custodial trust.
(e) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter.
(g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
(h) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
D.C. Code § 19-1309.02 — DC Code / Title 19 / Chapter 13 / § 19-1309.02
§ 19-1309.02. Standard of care; portfolio strategy; risk and return objectives.
Status: in_force

(a) A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(b) A trustee’s investment and management decisions respecting individual assets must be evaluated not in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
(c) Among the circumstances relevant to the trust or its beneficiaries that a trustee shall consider in investing and managing the trust assets are the following:
  (1) General economic conditions;
  (2) The possible effect of inflation or deflation;
  (3) The expected tax consequences of investment decisions or strategies;
  (4) The role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;
  (5) The expected total return from income and the appreciation of capital;
  (6) Other resources of the beneficiaries;
  (7) Needs for liquidity, for regularity of income, and for preservation or appreciation of capital; and
  (8) An asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.
(d) A trustee shall take reasonable steps to verify facts relevant to the investment and management of trust assets.
(e) Subject to the standards of this subchapter, a trustee may invest in any kind of property or type of investment.
D.C. Code § 19-1308.09 — DC Code / Title 19 / Chapter 13 / § 19-1308.09
§ 19-1308.09. Control and protection of trust property.
Status: in_force

A trustee shall take reasonable steps to take control of and protect the trust property.
D.C. Code § 19-1308.16 — DC Code / Title 19 / Chapter 13 / § 19-1308.16
§ 19-1308.16. Specific powers of trustee.
Status: in_force

Without limiting the authority conferred by section 19-1308.15  , a trustee may:
(1) Collect trust property and accept or reject additions to the trust property from a settlor or any other person;
(2) Acquire or sell property, for cash or on credit, at public or private sale;
(3) Exchange, partition, or otherwise change the character of trust property;
(4) Deposit trust money in an account in a regulated financial-service institution;
(5) Borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;
(6) With respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital;
(7) With respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:
  (A) Vote, or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;
  (B) Hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;
  (C) Pay calls, assessments, and other sums chargeable or accruing against the securities, and sell or exercise stock subscription or conversion rights;
  (D) Exercise stock options and other rights; and
  (E) Deposit the securities with a depositary or other regulated financial-service institution;
(8) With respect to an interest in real property, construct, or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or Vacate plats and adjust boundaries;
(9) Enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;
(10) Grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;
(11) Insure the property of the trust against damage or loss and insure the trustee, the trustee’s agents, and beneficiaries against liability arising from the administration of the trust;
(12) Abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;
(13) With respect to possible liability for violation of environmental law.
  (A) Inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;
  (B) Take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;
  (C) Decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law;
  (D) Compromise claims against the trust which may be asserted for an alleged violation of environmental law; and
  (E) Pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;
(14) Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;
(15) Pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;
(16) Exercise elections with respect to federal, state, and local taxes;
(17) Select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;
(18) Make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and the trustee has a lien on future distributions for repayment of those loans;
(19) Pledge trust property to guarantee loans made by others to the beneficiary;
(20) Appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed;
(21) Pay an amount distributable to a beneficiary who is under a legal disability or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary’s benefit, or by:
  (A) Paying it to the beneficiary’s conservator or, if the beneficiary does not have a conservator, to an agent of the beneficiary authorized to receive payment, or if there is no such agent, to the beneficiary’s guardian;
  (B) Paying it to the beneficiary’s custodian under Chapter 3 of Title 21 or under the uniform gifts to minors act or uniform transfers to minors act of another state or custodial trustee under Chapter 13 of Title 19 , or under the uniform custodial trusts act of another state;
  (C) If the trustee does not know of a conservator, agent authorized to receive payment, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary’s behalf; or
  (D) Managing it as a separate fund on the beneficiary’s behalf, subject to the beneficiary’s continuing right to withdraw the distribution;
(22) On distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation;
(23) Resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;
(24) Prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee’s duties;
(25) Sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee’s powers;
(26) On termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it; and
(27) Purchase and pay premiums on life insurance on the life of any beneficiary.
D.C. Code § 19-1307.02 — DC Code / Title 19 / Chapter 13 / § 19-1307.02
§ 19-1307.02. Trustee’s bond.
Status: in_force

(a) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.
(b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.
(c) A regulated financial-service institution qualified to do trust business in the District of Columbia need not give bond, even if required by the terms of the trust.
D.C. Code § 19-1307.03 — DC Code / Title 19 / Chapter 13 / § 19-1307.03
§ 19-1307.03. Cotrustees.
Status: in_force

(a) Cotrustees who are unable to reach a unanimous decision may act by majority decision.
(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(c) Subject to § 19-2112 , a cotrustee must participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.
(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(e) A trustee may delegate to a cotrustee the performance of a function relating to management, investment, or trust administration, but may not delegate a decision to make a distribution. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.
(f) Except as otherwise provided in subsection (g) of this section, a trustee who does not join in an action of another trustee is not liable for the action.
(g) Subject to § 19-2112 , each trustee shall exercise reasonable care to:
  (1) Prevent a cotrustee from committing a serious breach of trust; and
  (2) Compel a cotrustee to redress a serious breach of trust.
(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
D.C. Code § 19-1301.05 — DC Code / Title 19 / Chapter 13 / § 19-1301.05
§ 19-1301.05. Default and mandatory rules.
Status: in_force

(a) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
  (1) The requirements for creating a trust;
  (2) Subject to §§ 19-2109 , 19-2111 , and 19-2112 , the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
  (3) The requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
  (4) The power of the court to modify or terminate a trust under sections 19-1304.10 through 19-1304.16;
  (5) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in subchapter V of this chapter ;
  (6) The power of the court under section 19-1307.02 to require, dispense with, or modify or terminate a bond;
  (7) The power of the court under section 19-1307.08(b) to adjust a trustee’s compensation specified in the terms of the trust which is unreasonably low or high;
  (8) Subject to subsection (c) of this section, the duty under section 19-1308.13(b)(2) and (3) to notify qualified beneficiaries of an irrevocable trust who have attained 25 years of age of the existence of the trust, the identity of the trustee, and their right to request the trustee’s reports;
  (9) Subject to subsection (c) of this section, the duty under section 19-1308.13(a) to respond to the request of a beneficiary of an irrevocable trust for trustee’s reports and other information reasonably related to the administration of a trust;
  (10) The effect of an exculpatory term under section 19-1310.08;
  (11) The rights under sections 19-1310.10 through 19-1310.13 of a person other than a trustee or beneficiary;
  (12) Periods of limitation for commencing a judicial proceeding; and
  (13) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.
(c) The settlor, in the trust instrument or in another writing delivered to the trustee, may waive or modify the duties of a trustee under section 19-1308.13 to give notice, information, and reports to beneficiaries by:
  (1) Waiving or modifying such duties during the lifetime of the settlor or the lifetime of the settlor’s surviving spouse;
  (2) Specifying a different age at which a beneficiary or class of beneficiaries must be notified under section 19-1308.13(b)(2) and (3); or
  (3) Designating a person or persons to act in good faith to protect the interests of beneficiaries, to receive any notice, information, or reports required under section 19-1308.13 in lieu of providing such notice, information, or reports to the beneficiaries.
D.C. Code § 19-1503 — DC Code / Title 19 / Chapter 15 / § 19-1503
§ 19-1503. Scope.
Status: in_force

This chapter applies to disclaimers of any interest in or power over property, whenever created.
D.C. Code § 19-1507 — DC Code / Title 19 / Chapter 15 / § 19-1507
§ 19-1507. Disclaimer of rights of survivorship in jointly held property.
Status: in_force

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
  (1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
  (2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(b) A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
D.C. Code § 19-2302 — DC Code / Title 19 / Chapter 23 / § 19-2302
§ 19-2302. Definitions.
Status: in_force

(a) For the purposes of this chapter , the term:
  (1) "Community-property spouse" means an individual in a marriage or other relationship:
    (A) Under which community property could be acquired during the existence of the relationship; and
    (B) That remains in existence at the time of death of either party to the relationship.
  (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
  (3) "Jurisdiction" means the United States, a state, a foreign country, or a political subdivision of a foreign country.
  (4) "Partition" means voluntarily dividing property to which this chapter otherwise would apply.
  (5) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
  (6) "Personal representative" includes an executor, administrator, successor personal representative, special administrator, and other person that performs substantially the same function.
  (7) "Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein.
  (8) "Reclassify" means to change the characterization or treatment of community property to property owned separately by community-property spouses.
  (9) "Record" means information:
    (A) Inscribed on a tangible medium; or
    (B) Stored in an electronic or other medium and retrievable in perceivable form.
  (10) "Sign" means, with present intent to authenticate or adopt a record:
    (A) To execute or adopt a tangible symbol; or
    (B) To attach to or logically associate with the record an electronic symbol, sound, or process.
  (11) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term "state" includes a federally recognized Indian tribe.
D.C. Code § 19-604.14 — DC Code / Title 19 / Chapter 6 / § 19-604.14
§ 19-604.14. Disclaimer.
Status: in_force

A beneficiary may disclaim all or part of the beneficiary’s interest as provided by Chapter 15 of this title .
D.C. Code § 19-1516 — DC Code / Title 19 / Chapter 15 / § 19-1516
§ 19-1516. Application to existing relationships.
Status: in_force

Except as otherwise provided in § 19-1513 , an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.
D.C. Code § 19-502 — DC Code / Title 19 / Chapter 5 / § 19-502
§ 19-502. Requirement of survival by 120 hours under probate laws.
Status: in_force

(a) Except as provided in section 19-506, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual’s survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual.
(b) This section does not apply if its application would result in a taking of intestate estate by the District of Columbia.
D.C. Code § 19-1913 — DC Code / Title 19 / Chapter 19 / § 19-1913
§ 19-1913. Trust for beneficiary with disability.
Status: in_force

(a) For the purposes of this section, the term:
  (1) "Beneficiary with a disability" means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incompetent.
  (2) "Governmental benefits" means financial aid or services from a state, federal, or other public agency.
  (3) "Special-needs fiduciary" means, with respect to a trust that has a beneficiary with a disability:
    (A) A trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;
    (B) If no trustee or fiduciary has discretion under subparagraph (A) of this paragraph, a trustee or other fiduciary, other than a settlor, that has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or
    (C) If no trustee or fiduciary has discretion under subparagraphs (A) and (B) of this paragraph, a trustee or other fiduciary, other than a settlor, that is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.
  (4) "Special-needs trust" means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for governmental benefits.
(b) A special-needs fiduciary may exercise the decanting power under § 19-1911 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if:
  (1) A second trust is a special-needs trust that benefits the beneficiary with a disability; and
  (2) The special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.
(c) In an exercise of the decanting power under this section, the following rules apply:
  (1) Notwithstanding § 19-1911(c)(2) , the interest in the second trust of a beneficiary with a disability may:
    (A) Be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under section 1917(d)(4)(C) of the Social Security Act, approved September 3, 1982 (96 Stat. 370; 42 U.S.C. § 1396p(d)(4)(C)); or
    (B) Contain payback provisions complying with reimbursement requirements of Medicaid law under section 1917(d)(4)(A) of the act (42 U.S.C. § 1396p(d)(4)(A)).
  (2) § 19-1911(c)(3) does not apply to the interests of the beneficiary with a disability.
  (3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are 2 or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary's beneficial interests in the first trust.
D.C. Code § 19-1705.02 — DC Code / Title 19 / Chapter 17 / § 19-1705.02
§ 19-1705.02. Creditor claim: general power not created by powerholder.
Status: in_force

(a) Except as otherwise provided in subsection (b) 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:
  (1) The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and
  (2) The powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.
(b) Subject to § 19-1705.04(c) , a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance, within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), is treated for the purposes of this subchapter as a nongeneral power.
D.C. Code § 19-2304 — DC Code / Title 19 / Chapter 23 / § 19-2304
§ 19-2304. Form of partition, reclassification, or waiver.
Status: in_force

(a) Community-property spouses domiciled in the District may partition or reclassify property to which this chapter otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses.
(b) A community-property spouse domiciled in the District may waive a right granted by this chapter only by complying with the law of the District, including the District's choice-of-law rules, applicable to waiver of a spousal property right.
D.C. Code § 19-1311.03 — DC Code / Title 19 / Chapter 13 / § 19-1311.03
§ 19-1311.03. Application to existing relationships.
Status: in_force

(a) Except as otherwise provided in this chapter, on the effective date of this chapter [March 10, 2004]:
  (1) This chapter applies to all trusts created before, on, or after its effective date [March 10, 2004];
  (2) This chapter applies to all judicial proceedings concerning trusts commenced on or after its effective date [March 10, 2004];
  (3) This chapter applies to judicial proceedings concerning trusts commenced before its effective date [March 10, 2004] unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;
  (4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before the effective date of the chapter [March 10, 2004] unless there is a clear indication of a contrary intent in the terms of the trust; and
  (5) An act done before the effective date of the chapter [March 10, 2004] is not affected by this chapter.
(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the chapter [March 10, 2004], that statute continues to apply to the right even if it has been repealed or superseded.
D.C. Code § 19-604.15 — DC Code / Title 19 / Chapter 6 / § 19-604.15
§ 19-604.15. Liability for creditor claims and statutory allowances.
Status: in_force

A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor’s probate estate and statutory allowances to a surviving spouse and children to the extent provided in § 19-601.02 .
D.C. Code § 19-602.27 — DC Code / Title 19 / Chapter 6 / § 19-602.27
§ 19-602.27. Set-off.
Status: in_force

Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the proportion to which the party is, or immediately before death was, beneficially entitled under section 19-602.11   or, in the absence of proof of that proportion, an equal share with all parties.
D.C. Code § 19-1309.04 — DC Code / Title 19 / Chapter 13 / § 19-1309.04
§ 19-1309.04. Duties at inception of trusteeship.
Status: in_force

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this subchapter.
D.C. Code § 19-501 — DC Code / Title 19 / Chapter 5 / § 19-501
§ 19-501. Definitions.
Status: in_force

For the purposes of the chapter, the term:
(1) “Co-owners with right of survivorship” includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.
(2) “Governing instrument” means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type.
(3) “Payor” means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments.
D.C. Code § 19-604.16 — DC Code / Title 19 / Chapter 6 / § 19-604.16
§ 19-604.16. Optional form of transfer on death deed.
Status: in_force

The following form may be used to create a transfer on death deed. The other sections of this subchapter govern the effect of this or any other instrument used to create a transfer on death deed:
(front of form) REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER
You should carefully read all information on the other side of this form. You May Want to Consult a Lawyer Before Using This Form.
This form must be recorded before your death, or it will not be effective.
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
........................................................................
Printed name  Mailing address
........................................................................
Printed name  Mailing address
Legal description of the property:
........................................................................
PRIMARY BENEFICIARY
I designate the following beneficiary if the beneficiary survives me.
........................................................................
Printed name  Mailing address, if available
ALTERNATE BENEFICIARY — Optional
If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
........................................................................
Printed name  Mailing address, if available
TRANSFER ON DEATH
At my death, I transfer my interest in the described property to the beneficiaries as designated above.
Before my death, I have the right to revoke this deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
.................................................. [(SEAL)]......................
Signature  Date
.................................................. [(SEAL)]......................
Signature  Date
ACKNOWLEDGMENT
(insert acknowledgment for deed here)
(back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM
What does the Transfer on Death (“TOD”) deed do? When you die, this deed transfers the described property, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect.
How do I make a TOD deed? Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. The form has no effect unless it is acknowledged and recorded before your death.
Is the “legal description” of the property necessary? Yes.
How do I find the “legal description” of the property? This information may be on the deed you received when you became an owner of the property. This information may also be available in the Office of the Recorder of Deeds. If you are not absolutely sure, consult a lawyer.
Can I change my mind before I record the TOD deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.
How do I “record” the TOD deed? Take the completed and acknowledged form to the Office of the Recorder of Deeds. Follow the instructions given by the Recorder of Deeds to make the form part of the official property records.
Can I later revoke the TOD deed if I change my mind? Yes. You can revoke the TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed.
How do I revoke the TOD deed after it is recorded? There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and record it in the Office of the Recorder of Deeds; (2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in the Office of the Recorder of Deeds; or (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.
I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.
Do I need to tell the beneficiaries about the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.
I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer.
D.C. Code § 19-321 — DC Code / Title 19 / Chapter 3 / § 19-321
§ 19-321. Descent through alien ancestor no bar.
Status: in_force

In making title by descent it is no bar to a party claiming as heir that an ancestor, whether living or dead, through whom he derives his descent from the intestate, is or has been an alien.
D.C. Code § 19-1504 — DC Code / Title 19 / Chapter 15 / § 19-1504
§ 19-1504. Chapter supplemented by other law.
Status: in_force

(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.
D.C. Code § 19-1703.10 — DC Code / Title 19 / Chapter 17 / § 19-1703.10
§ 19-1703.10. Disposition of unappointed property under released or unexercised general power.
Status: in_force

(a) 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 is ineffective:
    (A) Except as otherwise provided in subparagraph (B) of this paragraph, the unappointed property passes to:
      (i) The powerholder if the powerholder is a permissible appointee and living; or
      (ii) If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
    (B) To the extent the powerholder released the power, or if there is no taker under subparagraph (A) of this paragraph, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
D.C. Code § 19-111 — DC Code / Title 19 / Chapter 1 / § 19-111
§ 19-111. Reendowment upon eviction from jointure.
Status: repealed

Repealed.
D.C. Code § 19-604.09 — DC Code / Title 19 / Chapter 6 / § 19-604.09
§ 19-604.09. Requirements.
Status: in_force

(a) Except as provided in subsection (b) of this section, a transfer on death deed shall contain the essential elements and formalities of a properly recordable inter vivos deed.
(b) A transfer on death deed shall state that the transfer to the designated beneficiary is to occur at the transferor’s death.
(c) A transfer on death deed shall be recorded before the transferor’s death in the Office of Recorder of Deeds.
D.C. Code § 19-1901 — DC Code / Title 19 / Chapter 19 / § 19-1901
§ 19-1901. Short title.
Status: in_force

This chapter may be cited as the "Uniform Trust Decanting Code".
D.C. Code § 19-1702.04 — DC Code / Title 19 / Chapter 17 / § 19-1702.04
§ 19-1702.04. Exception to presumption of unlimited authority.
Status: in_force

(a) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:
  (1) The power is exercisable only at the powerholder's death; and
  (2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.
D.C. Code § 19-603.01 — DC Code / Title 19 / Chapter 6 / § 19-603.01
§ 19-603.01. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(3) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(5) “Security account” means:
  (A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; or
  (B) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
D.C. Code § 19-1304.09 — DC Code / Title 19 / Chapter 13 / § 19-1304.09
§ 19-1304.09. Noncharitable trust without ascertainable beneficiary.
Status: in_force

Except as otherwise provided in section 19-1304.08   or by D.C. Official Code § 43-113 , 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 enforced for more than 21 years.
(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest.
D.C. Code § 19-1916 — DC Code / Title 19 / Chapter 19 / § 19-1916
§ 19-1916. Change in compensation.
Status: in_force

(a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:
  (1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or
  (2) The increase is approved by the court.
(b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by Chapter 13 unless:
  (1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or
  (2) The increase is approved by the court.
(c) A change in an authorized fiduciary's compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for the purposes of subsections (a) and (b) of this section.
D.C. Code § 19-1306.01 — DC Code / Title 19 / Chapter 13 / § 19-1306.01
§ 19-1306.01. Capacity of settlor of revocable trust.
Status: in_force

The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
D.C. Code § 19-1304.15 — DC Code / Title 19 / Chapter 13 / § 19-1304.15
§ 19-1304.15. Reformation to correct mistakes.
Status: in_force

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
D.C. Code § 19-1907 — DC Code / Title 19 / Chapter 19 / § 19-1907
§ 19-1907. Notice; exercise of decanting power.
Status: in_force

(a) For the purposes of this section, a notice period begins on the day notice is given under subsection (c) of this section and ends 59 days after the day notice is given.
(b) Except as otherwise provided in this chapter , an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
(c) Except as otherwise provided in subsection (f) of this section, an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:
  (1) Each settlor of the first trust, if living or then in existence;
  (2) Each qualified beneficiary of the first trust;
  (3) Each holder of a presently exercisable power of appointment over any part or all of the first trust;
  (4) Each person that currently has the right to remove or replace the authorized fiduciary;
  (5) Each other fiduciary of the first trust;
  (6) Each fiduciary of the second trust; and
  (7) The Attorney General, if § 19-1914(b) applies.
(d) An authorized fiduciary is not required to give notice under subsection (c) of this section to a qualified beneficiary who is a minor and has no representative or to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(e) A notice under subsection (c) of this section must:
  (1) Specify the manner in which the authorized fiduciary intends to exercise the decanting power;
  (2) Specify the proposed effective date for exercise of the power;
  (3) Include a copy of the first-trust instrument; and
  (4) Include a copy of all second-trust instruments.
(f) The decanting power may be exercised before expiration of the notice period under subsection (a) of this section if all persons entitled to receive notice waive the period in a signed record.
(g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under § 19-1909 asserting that:
  (1) An attempted exercise of the decanting power is ineffective because it did not comply with this chapter or was an abuse of discretion or breach of fiduciary duty; or
  (2) § 19-1922 applies to the exercise of the decanting power.
(h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) of this section if the authorized fiduciary acted with reasonable care to comply with subsection (c) of this section.
D.C. Code § 19-1310.01 — DC Code / Title 19 / Chapter 13 / § 19-1310.01
§ 19-1310.01. Remedies for breach of trust.
Status: in_force

(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
  (1) Compel the trustee to perform the trustee’s duties;
  (2) Enjoin the trustee from committing a breach of trust;
  (3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
  (4) Order a trustee to account;
  (5) Appoint a special fiduciary to take possession of the trust property and administer the trust;
  (6) Suspend the trustee;
  (7) Remove the trustee as provided in section 19-1307.06;
  (8) Reduce or deny compensation to the trustee;
  (9) Subject to section 19-1310.12, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds, or
  (10) Order any other appropriate relief.
D.C. Code § 19-1307.04 — DC Code / Title 19 / Chapter 13 / § 19-1307.04
§ 19-1307.04. Vacancy in trusteeship; appointment of successor.
Status: in_force

(a) A vacancy in a trusteeship occurs if:
  (1) A person designated as trustee rejects the trusteeship;
  (2) A person designated as trustee cannot be identified or does not exist;
  (3) A trustee resigns;
  (4) A trustee is disqualified or removed;
  (5) A trustee dies; or
  (6) A guardian or conservator is appointed for an individual serving as trustee.
(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:
  (1) By a person designated pursuant to the terms of the trust to act as successor trustee;
  (2) By a person appointed by unanimous agreement of the qualified beneficiaries; or
  (3) By a person appointed by the court.
(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:
  (1) By a person designated pursuant to the terms of the trust to act as successor trustee;
  (2) By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Corporation Counsel of the District of Columbia concurs in the selection; or
  (3) By a person appointed by the court.
(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
D.C. Code § 19-108 — DC Code / Title 19 / Chapter 1 / § 19-108
§ 19-108. Recovery of dower withheld; damages.
Status: repealed

Repealed.
D.C. Code § 19-1301.02 — DC Code / Title 19 / Chapter 13 / § 19-1301.02
§ 19-1301.02. Scope.
Status: in_force

This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
D.C. Code § 19-1304.14 — DC Code / Title 19 / Chapter 13 / § 19-1304.14
§ 19-1304.14. Termination of uneconomic trust.
Status: in_force

(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.
(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(d) This section does not apply to an easement for conservation or preservation.
D.C. Code § 19-503 — DC Code / Title 19 / Chapter 5 / § 19-503
§ 19-503. Requirement of survival by 120 hours under governing instruments.
Status: in_force

Except as provided in section 19-506  , for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is deemed to have predeceased the event.
D.C. Code § 19-1304.08 — DC Code / Title 19 / Chapter 13 / § 19-1304.08
§ 19-1304.08. Trust for care of animal.
Status: in_force

(a) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest.
D.C. Code § 19-301 — DC Code / Title 19 / Chapter 3 / § 19-301
§ 19-301. Course of descents generally.
Status: in_force

The real estate in the District of Columbia, of a deceased person, male or female, if not devised, shall descend in fee simple, and the surplus of the personal estate of a deceased resident of the District, if not bequeathed, shall be distributed, to the surviving spouse or surviving domestic partner, children, and other persons in the manner provided by this chapter. The heirs specified by this section take the real estate as tenants in common in the same proportions as they take the surplus personal estate as provided by this chapter.
D.C. Code § 19-1703.04 — DC Code / Title 19 / Chapter 17 / § 19-1703.04
§ 19-1703.04. Substantial compliance with donor-imposed formal requirement.
Status: in_force

(a) A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if:
  (1) The powerholder knows of and intends to exercise the power; and
  (2) The powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement.
D.C. Code § 19-1511 — DC Code / Title 19 / Chapter 15 / § 19-1511
§ 19-1511. Disclaimer of power held in fiduciary capacity.
Status: in_force

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
D.C. Code § 19-1308.02 — DC Code / Title 19 / Chapter 13 / § 19-1308.02
§ 19-1308.02. Duty of loyalty.
Status: in_force

(a) A trustee shall administer the trust solely in the interests of the beneficiaries.
(b) Subject to the rights of persons dealing with or assisting the trustee as provided in section 19-1310.12, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee’s own personal account or which is otherwise affected by a conflict between the trustee’s fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless:
  (1) The transaction was authorized by the terms of the trust;
  (2) The transaction was approved by the court;
  (3) The beneficiary did not commence a judicial proceeding within the time allowed by section 19-1310.05;
  (4) The beneficiary consented to the trustee’s conduct, ratified the transaction, or released the trustee in compliance with section 19-1310.9; or
  (5) The transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.
(c) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be affected by a conflict between personal and fiduciary interests if it is entered into by the trustee with:
  (1) The trustee’s spouse;
  (2) The trustee’s descendants, siblings, parents, or their spouses;
  (3) An agent or attorney of the trustee; or
  (4) A corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee’s best judgment.
(d) A transaction between a trustee and a beneficiary that does not concern trust property but that occurs during the existence of the trust or while the trustee retains significant influence over the beneficiary and from which the trustee obtains an advantage is voidable by the beneficiary unless the trustee establishes that the transaction was fair to the beneficiary.
(e) A transaction not concerning trust property in which the trustee engages in the trustee’s individual capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the trust.
(f) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor rule of subchapter IX of this chapter . In addition to its compensation for acting as trustee, the trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. If the trustee receives compensation from the investment company or investment trust for providing investment advisory or investment management services, the trustee at least annually shall notify the persons entitled under section 19-1308.13 to receive a copy of the trustee’s annual report of the rate and method by which that compensation was determined.
(g) In voting shares of stock or in exercising powers of control over similar interests in other forms of enterprise, the trustee shall act in the best interests of the beneficiaries. If the trust is the sole owner of a corporation or other form of enterprise, the trustee shall elect or appoint directors or other managers who will manage the corporation or enterprise in the best interests of the beneficiaries.
(h) This section does not preclude the following transactions, if fair to the beneficiaries:
  (1) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee;
  (2) Payment of reasonable compensation to the trustee;
  (3) A transaction between a trust and another trust, decedent’s estate, or conservatorship of which the trustee is a fiduciary or in which a beneficiary has an interest;
  (4) A deposit of trust money in a regulated financial-service institution operated by the trustee; or
  (5) An advance by the trustee of money for the protection of the trust.
(i) The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee.
D.C. Code § 19-2305 — DC Code / Title 19 / Chapter 23 / § 19-2305
§ 19-2305. Community property presumption.
Status: in_force

All property acquired by a community-property spouse when domiciled in a jurisdiction where community property then could be acquired by the community-property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of the evidence.
D.C. Code § 19-1301.01 — DC Code / Title 19 / Chapter 13 / § 19-1301.01
§ 19-1301.01. Short title.
Status: in_force

This chapter may be cited as the “Uniform Trust Code”.
D.C. Code § 19-1117 — DC Code / Title 19 / Chapter 11 / § 19-1117
§ 19-1117. Distribution on termination.
Status: in_force

(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
  (1) To the beneficiary, if not incapacitated or deceased;
  (2) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or
  (3) Upon the beneficiary’s death, in the following order:
    (A) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
    (B) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 19-1106;
    (C) As designated in the instrument creating the custodial trust; or
    (D) To the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
D.C. Code § 19-1703.14 — DC Code / Title 19 / Chapter 17 / § 19-1703.14
§ 19-1703.14. Powerholder's authority to revoke or amend exercise.
Status: in_force

(a) 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 prohibit the reservation; or
  (2) The terms of the instrument creating the power of appointment provide that the exercise is revocable or amendable.
D.C. Code § 19-1305.01 — DC Code / Title 19 / Chapter 13 / § 19-1305.01
§ 19-1305.01. Rights of beneficiary’s creditor or assignee.
Status: in_force

To the extent a beneficiary’s interest is not protected by a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. Whether or not a trust contains a spendthrift provision, the creditor of a beneficiary cannot exercise or compel the exercise of the beneficiary’s right to commerce, approve, or disapprove a proposed trust termination or modification under sections 19-1304.11   through 19-1304.16  , or trust combination or division under section 19-1304.17  .