D.C. Code § 19-1307.06 — DC Code / Title 19 / Chapter 13 / § 19-1307.06
§ 19-1307.06. Removal of trustee.
Status: in_force

(a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) The court may remove a trustee if:
  (1) The trustee has committed a serious breach of trust;
  (2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
  (3) Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
  (4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under section 19-1310.01(b) as may be necessary to protect the trust property or the interests of the beneficiaries.
D.C. Code § 19-1917 — DC Code / Title 19 / Chapter 19 / § 19-1917
§ 19-1917. Relief from liability and indemnification.
Status: in_force

(a) Except as otherwise provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
(c) A second-trust instrument may not reduce fiduciary liability in the aggregate.
(d) Subject to subsection (c) of this section, a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of the District other than this chapter .
D.C. Code § 19-1911 — DC Code / Title 19 / Chapter 19 / § 19-1911
§ 19-1911. Decanting power under expanded distributive discretion.
Status: in_force

(a) For the purposes of this section, the term:
  (1) "Noncontingent right" means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term "noncontingent right" does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary's estate.
  (2) "Presumptive remainder beneficiary" means a qualified beneficiary other than a current beneficiary.
  (3) "Successor beneficiary" means a beneficiary that is not a qualified beneficiary on the date the beneficiary's qualification is determined. The term "successor beneficiary" does not include a person that is a beneficiary only because the person holds a nongeneral power of appointment.
  (4) "Vested interest" means:
    (A) A right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power;
    (B) A current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property;
    (C) A current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property;
    (D) A presently exercisable general power of appointment; or
    (E) A right to receive an ascertainable part of the trust property on the trust's termination which is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur.
(b) Subject to subsection (c) of this section and § 19-1914 , an authorized fiduciary that has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.
(c) Subject to § 19-1913 , in an exercise of the decanting power under this section, a second trust may not:
  (1) Include as a current beneficiary a person that is not a current beneficiary of the first trust, except as otherwise provided in subsection (d) of this section;
  (2) Include as a presumptive remainder beneficiary or successor beneficiary a person that is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subsection (d) of this section; or
  (3) Reduce or eliminate a vested interest.
(d) Subject to subsection (c)(3) of this section and § 19-1914 , in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may:
  (1) Retain a power of appointment granted in the first trust;
  (2) Omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment;
  (3) Create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and
  (4) Create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary.
(e) A power of appointment described in subsection (d)(1) through (4) of this section may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust.
(f) If an authorized fiduciary has expanded 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 expanded distributive discretion.
D.C. Code § 19-701 — DC Code / Title 19 / Chapter 7 / § 19-701
§ 19-701. Escheatment.
Status: in_force

(a) When there is no surviving spouse, surviving domestic partner, or relation of the intestate within the fifth degree, reckoned by counting down from the common ancestor to the more remote, the surplus of real and personal property escheats to the District of Columbia to be deposited in the Escheatment Fund, established by subsection (b) of this section.
(b) (1) There is established as a special fund the Escheatment Fund ("Fund"), which shall be administered by the Department of Human Services in accordance with subsection (3) of this section.
  (2) All cash, including real or personal property reduced to cash, received or obtained by the District pursuant to subsection (a) of this section shall be deposited in the Fund.
  (3) Money in the Fund shall be used for emergency assistance grants described in § 4-753.01(e) .
  (4) (A) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
    (B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(c) For the purposes of this section, the term "domestic partner" shall have the same meaning as provided in § 32-701(3) .
D.C. Code § 19-1706.02 — DC Code / Title 19 / Chapter 17 / § 19-1706.02
§ 19-1706.02. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter 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. ), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)).
D.C. Code § 19-1310.03 — DC Code / Title 19 / Chapter 13 / § 19-1310.03
§ 19-1310.03. Damages in absence of breach.
Status: in_force

(a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
D.C. Code § 19-2118 — DC Code / Title 19 / Chapter 21 / § 19-2118
§ 19-2118. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter 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. ), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)).
D.C. Code § 19-1704.02 — DC Code / Title 19 / Chapter 17 / § 19-1704.02
§ 19-1704.02. Authority to release.
Status: in_force

A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
D.C. Code § 19-1310.06 — DC Code / Title 19 / Chapter 13 / § 19-1310.06
§ 19-1310.06. Reliance on trust instrument.
Status: in_force

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
D.C. Code § 19-2113 — DC Code / Title 19 / Chapter 21 / § 19-2113
§ 19-2113. Limitation of action against trust director.
Status: in_force

(a) An action against a trust director for breach of trust must be commenced within the same limitation period as provided under § 19-1310.05 for an action for breach of trust against a trustee in a like position and under similar circumstances.
(b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under § 19-1310.05 in an action for breach of trust against a trustee in a like position and under similar circumstances.
D.C. Code § 19-320 — DC Code / Title 19 / Chapter 3 / § 19-320
§ 19-320. Felonious homicide as barring inheritance; insurance policies; bona fide purchasers.
Status: in_force

(a) A person convicted of felonious homicide of another person, by way of murder or manslaughter, takes no estate or interest in property of any kind from that other person by way of:
  (1) inheritance, distribution, devise, or bequest; or
  (2) remainder, reversion, or executory devise dependent upon the death of the other person.
The estate, interest, or property to which the person so convicted would have succeeded or would have taken in any way from or after the death of the decedent goes, instead, as if the person so convicted had died before the decedent.
(b) Policies of insurance directly or indirectly procured by a person convicted as specified by subsection (a) of this section, for his own benefit or payable to him upon the life of the person killed by him, are void.
(c) This section does not affect the rights of bona fide purchasers of property specified by subsection (a) of this section, for value and without notice.
D.C. Code § 19-1301.04 — DC Code / Title 19 / Chapter 13 / § 19-1301.04
§ 19-1301.04. Knowledge.
Status: in_force

(a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person:
  (1) Has actual knowledge of it;
  (2) Has received a notice or notification of it; or
  (3) From all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual’s regular duties or the individual knows a matter involving the trust would be materially affected by the information.
D.C. Code § 19-1705.03 — DC Code / Title 19 / Chapter 17 / § 19-1705.03
§ 19-1705.03. Power to withdraw.
Status: in_force

(a) For the purposes of this subchapter, and except as otherwise provided in subsection (b) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
(b) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. § 2041(b)(2) and 26 U.S.C. § 2514(e) or the amount specified in 26 U.S.C. § 2503(b), on [March 7, 2025].
D.C. Code § 19-602.05 — DC Code / Title 19 / Chapter 6 / § 19-602.05
§ 19-602.05. Designation of agent.
Status: in_force

(a) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.
(b) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent’s authority survives disability and incapacity. The agent may act for an incapacitated party or a party with a disability until the authority of the agent is terminated.
(c) Death of the sole party or last surviving party terminates the authority of an agent.
D.C. Code § 19-1309.01 — DC Code / Title 19 / Chapter 13 / § 19-1309.01
§ 19-1309.01. Prudent investor rule.
Status: in_force

(a) Except as provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule as set forth in sections 19-1309.02 through 19-1309.09.
(b) The prudent investor rule is a default rule that may be expanded, restricted, eliminated, or otherwise altered by provisions of the trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on provisions of the trust.
D.C. Code § 19-1305.07 — DC Code / Title 19 / Chapter 13 / § 19-1305.07
§ 19-1305.07. Personal obligations of trustee.
Status: in_force

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
D.C. Code § 19-602.06 — DC Code / Title 19 / Chapter 6 / § 19-602.06
§ 19-602.06. Applicability of subchapter.
Status: in_force

The provisions of part B concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined by the terms of the account. Part C governs the liability and set-off rights of financial institutions that make payments pursuant to it.
D.C. Code § 19-1924 — DC Code / Title 19 / Chapter 19 / § 19-1924
§ 19-1924. Terms of second trust.
Status: in_force

A reference in Chapter 13 of this Title to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
D.C. Code § 19-101 — DC Code / Title 19 / Chapter 1 / § 19-101
§ 19-101. Family allowance; construction; penalties.
Status: repealed

Repealed.
D.C. Code § 19-1914 — DC Code / Title 19 / Chapter 19 / § 19-1914
§ 19-1914. Protection of charitable interest.
Status: in_force

(a) For the purposes of this section, the term:
  (1) "Determinable charitable interest" means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes.
  (2) "Unconditional" means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination.
(b) If a first trust contains a determinable charitable interest, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.
(c) If a first trust contains a charitable interest, the second trust or trusts may not:
  (1) Diminish the charitable interest;
  (2) Diminish the interest of an identified charitable organization that holds the charitable interest;
  (3) Alter any charitable purpose stated in the first-trust instrument; or
  (4) Alter any condition or restriction related to the charitable interest.
(d) If there are 2 or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c) of this section.
(e) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subsection (c) of this section must be administered under the law of the District unless:
  (1) The Attorney General, after receiving notice under § 19-1907 , fails to object in a signed record delivered to the authorized fiduciary within the notice period;
  (2) The Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or
  (3) The court approves the exercise of the decanting power.
(f) This chapter does not limit the powers and duties of the Attorney General under law of the District other than this chapter.
D.C. Code § 19-1513 — DC Code / Title 19 / Chapter 15 / § 19-1513
§ 19-1513. When disclaimer barred or limited.
Status: in_force

(a) A disclaimer is barred by a written waiver of the right to disclaim.
(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
  (1) The disclaimant accepts the interest sought to be disclaimed;
  (2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
  (3) A judicial sale of the interest sought to be disclaimed occurs.
(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e) A disclaimer is barred or limited if so provided by law other than this chapter.
(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
D.C. Code § 19-1308.12 — DC Code / Title 19 / Chapter 13 / § 19-1308.12
§ 19-1308.12. Collecting trust property.
Status: in_force

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
D.C. Code § 19-1308.13 — DC Code / Title 19 / Chapter 13 / § 19-1308.13
§ 19-1308.13. Duty to inform and report.
Status: in_force

(a) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a beneficiary’s request for information related to the administration of the trust.
(b) Subject to subsection (e) of this section, a trustee:
  (1) Upon request of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
  (2) Within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee’s name, address, and telephone number;
  (3) Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust’s existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee’s report as provided in subsection (c) of this section; and
  (4) Shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee’s compensation.
(c) (1) A trustee shall, annually and at the termination of the trust, send a report to the distributees and permissible distributees.
  (2) A trustee shall, at the termination of the trust, send a report to other qualified beneficiaries who request it.
  (3) Upon a vacancy in a trusteeship, unless a cotrustee remains in office, the former trustee shall send a report to the qualified beneficiaries.
  (4) Upon a vacancy in a trusteeship or upon termination of the trust, the trustee shall send a report to a nonqualified beneficiary who requests it unless the preparation of the report was waived by the qualified beneficiaries.
  (5) A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.
  (6) For the purposes of this subsection, the term “report” means a report of the trust property, liabilities, receipts, disbursement, and distributions, including the source and amount of the trustee’s compensation, a listing of the trust assets and, if feasible, their respective market value.
(d) A beneficiary may waive the right to a trustee’s report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.
(e) Subsections (a), (b), and (c) of this section do not apply to a trust created under an instrument executed before the effective date of this chapter [March 10, 2004].
D.C. Code § 19-1301.07 — DC Code / Title 19 / Chapter 13 / § 19-1301.07
§ 19-1301.07. Governing law.
Status: in_force

The meaning and effect of the terms of a trust are determined by:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
D.C. Code § 19-1307.09 — DC Code / Title 19 / Chapter 13 / § 19-1307.09
§ 19-1307.09. Reimbursement of expenses.
Status: in_force

(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
  (1) Expenses that were properly incurred in the administration of the trust; and
  (2) To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
D.C. Code § 19-602.23 — DC Code / Title 19 / Chapter 6 / § 19-602.23
§ 19-602.23. Payment on POD designation.
Status: in_force

A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
(1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when the payment is requested and whether or not a party survives another party;
(2) The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or
(3) 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.
D.C. Code § 19-1110 — DC Code / Title 19 / Chapter 11 / § 19-1110
§ 19-1110. Determination of incapacity; effect.
Status: in_force

(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:
  (1) The custodial trust was created under section 19-1105;
  (2) The transferor has so directed in the instrument creating the custodial trust; or
  (3) The custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon:
  (1) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney;
  (2) The certificate of the beneficiary’s physician; or
  (3) Other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary’s incapacity has ceased, or that circumstances concerning the beneficiary’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under subsection (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate the custodial trust, any designation of a successor custodial trustee, rights or powers of the custodial trustee, or any immunities of third persons acting on instructions of the custodial trustee.
D.C. Code § 19-309 — DC Code / Title 19 / Chapter 3 / § 19-309
§ 19-309. Share of brother or sister or their descendants.
Status: in_force

When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole.
D.C. Code § 19-1515 — DC Code / Title 19 / Chapter 15 / § 19-1515
§ 19-1515. Recording of disclaimer.
Status: in_force

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as provided in [§] 19-1512(g)(2), failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
D.C. Code § 19-2112 — DC Code / Title 19 / Chapter 21 / § 19-2112
§ 19-2112. Application to cotrustee.
Status: in_force

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under §§ 19-2109 through 19-2111 .
D.C. Code § 19-604.05 — DC Code / Title 19 / Chapter 6 / § 19-604.05
§ 19-604.05. Transfer on death deed authorized.
Status: in_force

An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed.
D.C. Code § 19-904 — DC Code / Title 19 / Chapter 9 / § 19-904
§ 19-904. Exclusions from statutory rule against perpetuities.
Status: in_force

(a) Section 19-901 does not apply to:
  (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
    (A) A premarital or postmarital agreement;
    (B) A separation or divorce settlement;
    (C) A spouse or domestic partner’s election under section 19-113;
    (D) A similar arrangement arising out of a prospective, existing, or previous marital relationship or domestic partnership relationship between the parties;
    (E) A contract to make or not to revoke a will or trust;
    (F) A contract to exercise or not to exercise a power of appointment;
    (G) A transfer in satisfaction of a duty of support; or
    (H) A reciprocal transfer;
  (2) A fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
  (3) A power to appoint a fiduciary;
  (4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
  (5) A nonvested property interest held by a charity, government, or governmental agency or subdivision;
  (6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit- sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries, spouses, or domestic partners, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries, spouses, or domestic partners, the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary, spouse, or domestic partner;
  (7) A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of the District of Columbia;
  (8) A gift of a present interest or devise to charitable uses;
  (9) In accordance with section 43-113, a grant, donation, or bequest for the embellishment, preservation, renewal, or repair of any tomb, monument, gravestone, or other structure, fence, railing, or other enclosure in or around any cemetery lot, or for the planting and cultivation of any trees, shrubs, flowers, or plants in or around any cemetery lot, according to the terms of such grant, donation, or bequest; or
  (10) A trust in which the governing instrument states that the provisions of this chapter do not apply to the trust and under which the trustee, or other person to whom the power is properly granted or delegated, has the power under the governing instrument, applicable statute, or common law to hold, sell, lease, or mortgage property for any period of time beyond the period that is required for an interest created under the governing instrument to vest.
(b) For the purposes of this section, 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) .
D.C. Code § 19-1308.04 — DC Code / Title 19 / Chapter 13 / § 19-1308.04
§ 19-1308.04. Prudent administration.
Status: in_force

A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
D.C. Code § 19-1704.07 — DC Code / Title 19 / Chapter 17 / § 19-1704.07
§ 19-1704.07. Remedy for breach of contract to appoint or not to appoint.
Status: in_force

The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
D.C. Code § 19-1518 — DC Code / Title 19 / Chapter 15 / § 19-1518
§ 19-1518. 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 states that enact it.
D.C. Code § 19-101.03 — DC Code / Title 19 / Chapter 1 / § 19-101.03
§ 19-101.03. Exempt property.
Status: in_force

(a) In addition to the homestead allowance, the decedent's surviving spouse or surviving domestic partner is entitled from the estate to a value, not exceeding $20,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects.
(b) (1) If there is no surviving spouse or surviving domestic partner, the decedent's surviving children are entitled jointly to the same value.
  (2) If a written last will and testament does not bequeath anything to the decedent's surviving children or does not express an intention to benefit the decedent's surviving children, then the exempt property allowance shall be eliminated for the decedent's surviving children.
(c) If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $20,000, or if there is not $20,000 worth of exempt property in the estate, the spouse, domestic partner, or children are entitled to other assets of the estate, if any, except for real property, to the extent necessary to make up the $20,000 value.
(d) Rights to exempt property have priority over all claims against the estate, except the homestead allowance, the family allowance, and as provided in § 20-906 .
(e) These rights are in addition to any benefit or share passing to the surviving spouse, surviving domestic partner, or surviving children by the decedent's will, unless otherwise provided by intestate succession or by way of elective share.
D.C. Code § 19-1308.05 — DC Code / Title 19 / Chapter 13 / § 19-1308.05
§ 19-1308.05. Costs of administration.
Status: in_force

In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
D.C. Code § 19-1925 — DC Code / Title 19 / Chapter 19 / § 19-1925
§ 19-1925. Settlor.
Status: in_force

(a) For the purposes of law of the District other than this chapter and subject to subsection (b) of this section, a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
D.C. Code § 19-1302.01 — DC Code / Title 19 / Chapter 13 / § 19-1302.01
§ 19-1302.01. Role of court in administration of trust.
Status: in_force

(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b) A trust is not subject to continuing judicial supervision unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust’s administration, including a request for instructions and an action to declare rights.
D.C. Code § 19-1923 — DC Code / Title 19 / Chapter 19 / § 19-1923
§ 19-1923. Trust for care of animal.
Status: in_force

(a) For the purposes of this section, the term:
  (1) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.
  (2) "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.
(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this chapter if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.
(c) A protector for an animal has the rights under this chapter of a qualified beneficiary.
(d) Notwithstanding any other provision of this chapter , if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
D.C. Code § 19-1119 — DC Code / Title 19 / Chapter 11 / § 19-1119
§ 19-1119. Applicable law.
Status: in_force

(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in the District of Columbia or custodial trust property is located in the District of Columbia. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from the District of Columbia.
(b) A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in the District of Columbia.
D.C. Code § 19-1306.02 — DC Code / Title 19 / Chapter 13 / § 19-1306.02
§ 19-1306.02. Revocation or amendment of revocable trust.
Status: in_force

(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this chapter [March 10, 2004].
(b) If a revocable trust is created or funded by more than one settlor:
  (1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;
  (2) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution; and
  (3) Upon the revocation or amendment of the trust by fewer than all of the settlers, the trustee shall promptly notify the other settlers of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
  (1) By substantial compliance with a method provided in the terms of the trust; or
  (2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by.
    (A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or
    (B) Any other method manifesting clear and convincing evidence of the settlor’s intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
(e) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.
(f) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.
(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
D.C. Code § 19-1307.07 — DC Code / Title 19 / Chapter 13 / § 19-1307.07
§ 19-1307.07. Delivery of property by former trustee.
Status: in_force

(a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee’s possession to the cotrustee, successor trustee, or other person entitled to it.
D.C. Code § 19-602.04 — DC Code / Title 19 / Chapter 6 / § 19-602.04
§ 19-602.04. Forms.
Status: in_force

(a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this subchapter applicable to an account of that type:
“UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM
“PARTIES [Name one or more parties]: ________________
“OWNERSHIP [Select one and initial]:
“________ SINGLE-PARTY ACCOUNT
“________ MULTIPLE-PARTY ACCOUNT
“Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
“RIGHTS AT DEATH [Select one and initial]:
“________ SINGLE-PARTY ACCOUNT
“At death of party, ownership passes as part of party’s estate.
“________ SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
“[Name one or more beneficiaries]:
“At death of party, ownership passes to POD beneficiaries and is not part of party’s estate.
“________ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
“At death of party, ownership passes to surviving parties.
“________ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
“[Name one or more beneficiaries]: ________________
“At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party’s estate.
“________ MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
“At death of party, deceased party’s ownership passes as part of deceased party’s estate. AGENCY (POWER OF ATTORNEY) DESIGNATION [Optional]
“Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.
“[To add agency designation to account, name one or more agents]:
“________________
“[Select one and initial]:
“________ AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
“________ AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES”
(b) A contract of deposit that does not contain provisions in substantially the form provided in subsection (a) of this section is governed by the provisions of this subchapter applicable to the type of account that most nearly conforms to the depositor’s intent.
D.C. Code § 19-1301.11 — DC Code / Title 19 / Chapter 13 / § 19-1301.11
§ 19-1301.11. Nonjudicial settlement agreements.
Status: in_force

(a) For the purposes of this section, the term “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
  (1) The interpretation or construction of the terms of the trust;
  (2) The approval of a trustee’s report or accounting;
  (3) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
  (4) The resignation or appointment of a trustee and the determination of a trustee’s compensation;
  (5) Transfer of a trust’s principal place of administration; and
  (6) Liability of a trustee for an action relating to the trust.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in subchapter III of this chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
D.C. Code § 19-1906 — DC Code / Title 19 / Chapter 19 / § 19-1906
§ 19-1906. Reasonable reliance.
Status: in_force

A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this chapter , law of the District other than this chapter, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
D.C. Code § 19-2117 — DC Code / Title 19 / Chapter 21 / § 19-2117
§ 19-2117. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
D.C. Code § 19-604.11 — DC Code / Title 19 / Chapter 6 / § 19-604.11
§ 19-604.11. Revocation by instrument authorized; revocation by act not permitted.
Status: in_force

(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
  (1) Is one of the following:
    (A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
    (B) An instrument of revocation that expressly revokes the deed or part of the deed; or
    (C) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
  (2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the public records in the Office of the Recorder of Deeds.
(b) If a transfer on death deed is made by more than one transferor:
  (1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and
  (2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.
(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(d) This section does not limit the effect of an inter vivos transfer of the property.
D.C. Code § 19-603.06 — DC Code / Title 19 / Chapter 6 / § 19-603.06
§ 19-603.06. Effect of registration in beneficiary form.
Status: in_force

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
D.C. Code § 19-1303.05 — DC Code / Title 19 / Chapter 13 / § 19-1303.05
§ 19-1303.05. Appointment of representative.
Status: in_force

(a) If the court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
(b) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual’s family.
D.C. Code § 19-1703.05 — DC Code / Title 19 / Chapter 17 / § 19-1703.05
§ 19-1703.05. Permissible appointment.
Status: in_force

(a) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.
(b) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.
(c) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:
  (1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
  (2) Create a general power in a permissible appointee;
  (3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power; and
  (4) Create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.
D.C. Code § 19-1114 — DC Code / Title 19 / Chapter 11 / § 19-1114
§ 19-1114. Expenses, compensation, and bond of custodial trustee.
Status: in_force

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:
(1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) Has a noncumulative election, to be made no later than 6 months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and
(3) Need not furnish a bond or other security for the faithful performance of fiduciary duties.
D.C. Code § 19-1308.01 — DC Code / Title 19 / Chapter 13 / § 19-1308.01
§ 19-1308.01. Duty to administer trust.
Status: in_force

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.
D.C. Code § 19-1915 — DC Code / Title 19 / Chapter 19 / § 19-1915
§ 19-1915. Trust limitation on decanting.
Status: in_force

(a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
  (1) The decanting power; or
  (2) A power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
  (1) The decanting power; or
  (2) A power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.
(d) Subject to subsections (a) and (b) of this section, an authorized fiduciary may exercise the decanting power under this chapter even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) If a first-trust instrument contains an express prohibition described in subsection (a) of this section or an express restriction described in subsection (b) of this section, the provision must be included in the second-trust instrument.
D.C. Code § 19-2111 — DC Code / Title 19 / Chapter 21 / § 19-2111
§ 19-2111. No duty to monitor, inform, or advise.
Status: in_force

(a) Unless the terms of a trust provide otherwise:
  (1) A trustee does not have a duty to:
    (A) Monitor a trust director; or
    (B) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
  (2) By taking an action described in paragraph (1) of this subsection, a trustee does not assume the duty excluded by paragraph (1) of this subsection.
(b) Unless the terms of a trust provide otherwise:
  (1) A trust director does not have a duty to:
    (A) Monitor a trustee or another trust director; or
    (B) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
  (2) By taking an action described in paragraph (1) of this subsection, a trust director does not assume the duty excluded by paragraph (1) of this subsection.
D.C. Code § 19-1301.06 — DC Code / Title 19 / Chapter 13 / § 19-1301.06
§ 19-1301.06. Common law of trusts; principles of equity.
Status: in_force

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of the District of Columbia.
D.C. Code § 19-1706.01 — DC Code / Title 19 / Chapter 17 / § 19-1706.01
§ 19-1706.01. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
D.C. Code § 19-1301.12 — DC Code / Title 19 / Chapter 13 / § 19-1301.12
§ 19-1301.12. Insurable interest of trustee.
Status: in_force

(a) For the purposes of this section, the term "settlor" means a person that executes a trust instrument. The term "settlor" includes a person for which a fiduciary or agent is acting.
(b) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:
  (1) The insured is:
    (A) A settlor of the trust; or
    (B) An individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and
  (2) The life insurance proceeds are primarily for the benefit of one or more trust beneficiaries that have:
    (A) An insurable interest in the life of the insured; or
    (B) A substantial interest engendered by love and affection in the continuation of the life of the insured and, if not already included under subparagraph (A) of this paragraph, who are:
      (i) Related within the third degree or closer, as measured by the civil law system of determining degrees of relation, either by blood or law, to the insured; or
      (ii) Stepchildren of the insured.
D.C. Code § 19-306 — DC Code / Title 19 / Chapter 3 / § 19-306
§ 19-306. Children to share equally.
Status: in_force

When the intestate leaves children and no other descendants, the surplus is divided equally among them.
D.C. Code § 19-1304.05 — DC Code / Title 19 / Chapter 13 / § 19-1304.05
§ 19-1304.05. Charitable purposes; enforcement.
Status: in_force

(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
(b) If the terms of a charitable trust do not indicate or otherwise provide for the selection of a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intention to the extent it can be ascertained.
(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
D.C. Code § 19-602.24 — DC Code / Title 19 / Chapter 6 / § 19-602.24
§ 19-602.24. Payment to designated agent.
Status: in_force

A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party has a disability, is incapacitated, or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
D.C. Code § 19-105 — DC Code / Title 19 / Chapter 1 / § 19-105
§ 19-105. Jointure before marriage as bar to dower.
Status: repealed

Repealed.
D.C. Code § 19-1304.12 — DC Code / Title 19 / Chapter 13 / § 19-1304.12
§ 19-1304.12. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
Status: in_force

(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor’s probable intention.
(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust’s 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.C. Code § 19-1702.02 — DC Code / Title 19 / Chapter 17 / § 19-1702.02
§ 19-1702.02. Nontransferability.
Status: in_force

A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
D.C. Code § 19-313 — DC Code / Title 19 / Chapter 3 / § 19-313
§ 19-313. Death of distributee before distribution.
Status: in_force

When a person entitled to distribution dies before the distribution is made, his share goes to his estate or legal representatives.
D.C. Code § 19-101.01 — DC Code / Title 19 / Chapter 1 / § 19-101.01
§ 19-101.01. Applicable law.
Status: in_force

Sections 19-101.01   to 19-101.06   apply to the estate of a decedent who dies domiciled in the District of Columbia. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in the District of Columbia are governed by the law of the decedent’s domicile at death.
D.C. Code § 19-1308.11 — DC Code / Title 19 / Chapter 13 / § 19-1308.11
§ 19-1308.11. Enforcement and defense of claims.
Status: in_force

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
D.C. Code § 19-1301.09 — DC Code / Title 19 / Chapter 13 / § 19-1301.09
§ 19-1301.09. Methods and waiver of notice.
Status: in_force

(a) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, or a properly directed electronic message.
(b) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
D.C. Code § 19-1304.02 — DC Code / Title 19 / Chapter 13 / § 19-1304.02
§ 19-1304.02. Requirements for creation.
Status: in_force

(a) A trust is created only if:
  (1) The settlor has capacity to create a trust;
  (2) The settlor indicates an intention to create the trust;
  (3) The trust has a definite beneficiary or is:
    (A) A charitable trust;
    (B) A trust for the care of an animal, as provided in section 19-1304.08; or
    (C) A trust for a noncharitable purpose, as provided in section 19-1304.09;
  (4) The trustee has duties to perform; and
  (5) The same person is not the sole trustee and sole beneficiary.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
D.C. Code § 19-2309 — DC Code / Title 19 / Chapter 23 / § 19-2309
§ 19-2309. Right of heir, devisee, or nonprobate transferee.
Status: in_force

(a) An heir, devisee, or nonprobate transferee of a deceased community-property spouse 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 heir, devisee, or nonprobate transferee must:
    (A) Not later than 3 years after the death of the decedent, commence an action against the surviving community-property spouse of the decedent who 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 heir, devisee, or nonprobate transferee must:
    (A) Not later than 6 months after the 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.
D.C. Code § 19-1702.06 — DC Code / Title 19 / Chapter 17 / § 19-1702.06
§ 19-1702.06. Power to revoke or amend.
Status: in_force

(a) A donor may revoke or amend a power of appointment only to the extent that:
  (1) The instrument creating the power is revocable by the donor; or
  (2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
D.C. Code § 19-1120 — DC Code / Title 19 / Chapter 11 / § 19-1120
§ 19-1120. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
D.C. Code § 19-1502 — DC Code / Title 19 / Chapter 15 / § 19-1502
§ 19-1502. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.
(3) “Disclaimer” means the refusal to accept an interest in or power over property.
(4) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(5) “Jointly held property” means property held in the name of 2 or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term “state” includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.
(8) “Trust” means:
  (A) An express trust, charitable or noncharitable, with additions thereto, whenever and however created; or
  (B) A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
D.C. Code § 19-1501 — DC Code / Title 19 / Chapter 15 / § 19-1501
§ 19-1501. Short title.
Status: in_force

This chapter may be cited as the “Uniform Disclaimer of Property Interests Act”.
D.C. Code § 19-2104 — DC Code / Title 19 / Chapter 21 / § 19-2104
§ 19-2104. 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 other than this chapter .
D.C. Code § 19-1308.03 — DC Code / Title 19 / Chapter 13 / § 19-1308.03
§ 19-1308.03. Impartiality.
Status: in_force

If a trust has 2 or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries’ respective interests.
D.C. Code § 19-1928 — DC Code / Title 19 / Chapter 19 / § 19-1928
§ 19-1928. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
D.C. Code § 19-103 — DC Code / Title 19 / Chapter 1 / § 19-103
§ 19-103. Forfeiture of dower by desertion and adultery.
Status: repealed

Repealed.
D.C. Code § 19-1918 — DC Code / Title 19 / Chapter 19 / § 19-1918
§ 19-1918. Removal or replacement of authorized fiduciary.
Status: in_force

(a) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
  (1) The person holding the power consents to the modification in a signed record and the modification applies only to the person;
  (2) The person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
  (3) The court approves the modification and the modification grants a substantially similar power to another person.
D.C. Code § 19-1517 — DC Code / Title 19 / Chapter 15 / § 19-1517
§ 19-1517. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supercedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001  ), but does not modify, limit, or supercede section 101(c) of that act (15 U.S.C. § 7001(c)  ) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)  ).
D.C. Code § 19-1905 — DC Code / Title 19 / Chapter 19 / § 19-1905
§ 19-1905. Application; governing law.
Status: in_force

(a) This chapter applies to a trust created before, on, or after [March 7, 2025], which:
  (1) Has its principal place of administration in the District, including a trust whose principal place of administration has been changed to the District; or
  (2) Provides by its trust instrument that it is governed by the law of the District or is governed by the law of the District for the purpose of:
    (A) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of the District;
    (B) Construction of terms of the trust; or
    (C) Determining the meaning or effect of terms of the trust.
D.C. Code § 19-112 — DC Code / Title 19 / Chapter 1 / § 19-112
§ 19-112. Devise or bequest to a spouse or domestic partner.
Status: in_force

Subject to section 19-114  , and unless it is otherwise expressed in the will, a devise of real estate or an interest therein, or a bequest of personal estate or an interest therein, to the surviving spouse or surviving domestic partner, bars his or her share in the decedent’s estate.
D.C. Code § 19-1307.05 — DC Code / Title 19 / Chapter 13 / § 19-1307.05
§ 19-1307.05. Resignation of trustee.
Status: in_force

(a) A trustee may resign:
  (1) Upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees or, if there is no cotrustee, to the next designated successor trustee; or
  (2) With the approval of the court.
(b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.
(c) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation
D.C. Code § 19-602.25 — DC Code / Title 19 / Chapter 6 / § 19-602.25
§ 19-602.25. Payment to minor.
Status: in_force

If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to Chapter 3 of Title 21 of the District of Columbia Code.
D.C. Code § 19-1514 — DC Code / Title 19 / Chapter 15 / § 19-1514
§ 19-1514. Tax qualified disclaimer.
Status: in_force

Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
D.C. Code § 19-1311.02 — DC Code / Title 19 / Chapter 13 / § 19-1311.02
§ 19-1311.02. Electronic records and signatures.
Status: in_force

The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C. § 7002  ), and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
D.C. Code § 19-1104 — DC Code / Title 19 / Chapter 11 / § 19-1104
§ 19-1104. Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
Status: in_force

(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee’s acceptance, express or implied, of the custodial trust property.
(b) The custodial trustee’s acceptance may be evidenced by a writing stating in substance:
CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
I, ______ (name of custodial trustee), acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the District of Columbia’s Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ______.
Dated: ______
__________
(Signature of Custodial Trustee)
(c) Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
D.C. Code § 19-1105 — DC Code / Title 19 / Chapter 11 / § 19-1105
§ 19-1105. Transfer to custodial trustee by fiduciary or obligor; facility of payment.
Status: in_force

(a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 19-1103, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary’s family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.
(b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
D.C. Code § 19-1701.01 — DC Code / Title 19 / Chapter 17 / § 19-1701.01
§ 19-1701.01. Short title.
Status: in_force

This chapter may be cited as the "Uniform Powers of Appointment Code".
D.C. Code § 19-1309.06 — DC Code / Title 19 / Chapter 13 / § 19-1309.06
§ 19-1309.06. Language invoking standard of subchapter.
Status: in_force

The following terms or comparable language in a trust instrument, unless otherwise limited or modified by the instrument, authorizes any investment or strategy permitted under this subchapter: “investments permissible by law for investment of trust funds”, “legal investments”, “authorized investments”, “using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital”, “prudent man rule”, “prudent trustee rule”, “prudent person rule”, and “prudent investor rule”.
D.C. Code § 19-1701.02 — DC Code / Title 19 / Chapter 17 / § 19-1701.02
§ 19-1701.02. Definitions.
Status: in_force

(a) For the purposes of this chapter , the term:
  (1) "Appointee" means a person to which a powerholder makes an appointment of appointive property.
  (2) "Appointive property" means the property or property interest subject to a power of appointment.
  (3) "Blanket-exercise clause" means a clause in an instrument which exercises a power of appointment and is not a specific-exercise clause. The term "blanket-exercise clause" includes a clause that:
    (A) Expressly uses the words "any power" in exercising any power of appointment the powerholder has;
    (B) Expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or
    (C) Disposes of all property subject to disposition by the powerholder.
  (4) "Donor" means a person that creates a power of appointment.
  (5) "Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.
  (6) "General power of appointment" means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
  (7) "Gift-in-default clause" means a clause identifying a taker in default of appointment.
  (8) "Impermissible appointee" means a person that is not a permissible appointee.
  (9) "Instrument" means a writing.
  (10) "Nongeneral power of appointment" means a power of appointment that is not a general power of appointment.
  (11) "Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.
  (12) "Person" means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
  (13) "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.
  (14) "Powerholder" means a person in which a donor creates a power of appointment.
  (15) (A) "Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at the relevant time.
    (B) The term "presently exercisable power of appointment" includes a power of appointment not exercisable until 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.
    (C) The term "presently exercisable power of appointment" does not include a power of appointment exercisable only at the powerholder's death.
  (16) "Specific-exercise clause" means a clause in an instrument which specifically refers to and exercises a particular power of appointment.
  (17) "Taker in default of appointment" means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.
  (18) "Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.
D.C. Code § 19-322 — DC Code / Title 19 / Chapter 3 / § 19-322
§ 19-322. Definitions.
Status: in_force

For the purposes of this chapter, the term “domestic partner” shall have the same meaning as provided in § 32-701(3) .
D.C. Code § 19-602.14 — DC Code / Title 19 / Chapter 6 / § 19-602.14
§ 19-602.14. Accounts and transfers nontestamentary.
Status: in_force

A transfer resulting from the application of section 19-602.12   is effective by reason of the terms of the account involved and this subchapter and is not testamentary or subject to estate administration.
D.C. Code § 19-1103 — DC Code / Title 19 / Chapter 11 / § 19-1103
§ 19-1103. Custodial trustee for future payment or transfer.
Status: in_force

(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: “as custodial trustee for  (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act.”
______
(b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. If the designation is not made in one of the foregoing ways, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right in order to be effective.
D.C. Code § 19-604.03 — DC Code / Title 19 / Chapter 6 / § 19-604.03
§ 19-604.03. Applicability.
Status: in_force

This subchapter applies to a transfer on death deed made before, on, or after the effective date of this subchapter by a transferor dying on or after the effective date of this subchapter.
D.C. Code § 19-604.10 — DC Code / Title 19 / Chapter 6 / § 19-604.10
§ 19-604.10. Notice, delivery, acceptance, consideration not required.
Status: in_force

A transfer on death deed is effective without:
(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor’s life; or
(2) Consideration.
D.C. Code § 19-1304.11 — DC Code / Title 19 / Chapter 13 / § 19-1304.11
§ 19-1304.11. Modification or termination of noncharitable irrevocable trust by consent.
Status: in_force

(a) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. A settlor’s power to consent to a trust’s modification or termination may be exercised by:
  (1) An agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust;
  (2) The settlor’s conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or
  (3) The settlor’s guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.
(b) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
(c) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.
(d) Upon termination of a trust under subsection (a) or (b) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries:
(e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b) of this section, the modification or termination may be approved by the court if the court is satisfied that:
  (1) If all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and
  (2) The interests of a beneficiary who does not consent will be adequately protected.
D.C. Code § 19-602.13 — DC Code / Title 19 / Chapter 6 / § 19-602.13
§ 19-602.13. Alteration of rights.
Status: in_force

(a) Rights at death under section 19-602.12 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party’s lifetime.
(b) A right of survivorship arising from the express terms of the account, section 19-602.12, or a POD designation, may not be altered by will.
D.C. Code § 19-1304.16 — DC Code / Title 19 / Chapter 13 / § 19-1304.16
§ 19-1304.16. Modification to achieve settlor’s tax objectives.
Status: in_force

To achieve the settlor’s tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor’s probable intention. The court may provide that the modification has retroactive effect.
D.C. Code § 19-1929 — DC Code / Title 19 / Chapter 19 / § 19-1929
§ 19-1929. Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter 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. ), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)).
D.C. Code § 19-315 — DC Code / Title 19 / Chapter 3 / § 19-315
§ 19-315. No distinction between whole- and half-blood.
Status: in_force

There is no distinction between the kindred of the whole- and the half-blood.
D.C. Code § 19-508 — DC Code / Title 19 / Chapter 5 / § 19-508
§ 19-508. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.
D.C. Code § 19-2108 — DC Code / Title 19 / Chapter 21 / § 19-2108
§ 19-2108. Duty and liability of trust director.
Status: in_force

(a) Subject to subsection (b) of this section, with respect to a power of direction or further power under § 19-2106(b)(1) :
  (1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
    (A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
    (B) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and
  (2) The terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter.
(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
D.C. Code § 19-1310.13 — DC Code / Title 19 / Chapter 13 / § 19-1310.13
§ 19-1310.13. Certification of trust.
Status: in_force

(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:
  (1) That the trust exists and the date the trust instrument was executed;
  (2) The identity of the settlor;
  (3) The identity and address of the currently acting trustee;
  (4) The powers of the trustee;
  (5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
  (6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;
  (7) The trust’s taxpayer identification number; and
  (8) The manner of taking title to trust property.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(d) A certification of trust need not contain the dispositive terms of a trust.
(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.
(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
D.C. Code § 19-1307.01 — DC Code / Title 19 / Chapter 13 / § 19-1307.01
§ 19-1307.01. Accepting or declining trusteeship.
Status: in_force

(a) Except as otherwise provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship:
  (1) By substantially complying with a method of acceptance provided in the terms of the trust; or
  (2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.
(c) A person designated as trustee, without accepting the trusteeship, may:
  (1) Act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to the designated cotrustee, or, if none, to the successor trustee, or, if none, to a distributee or permissible distributee; and
  (2) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
D.C. Code § 19-1301.03 — DC Code / Title 19 / Chapter 13 / § 19-1301.03
§ 19-1301.03. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Action,” with respect to an act of a trustee, includes a failure to act.
(2) “Beneficiary” means a person that:
  (A) Has a present or future beneficial interest in a trust, vested or contingent; or
  (B) In a capacity other than that of trustee, holds a power of appointment over trust property.
(3) “Charitable trust” means a trust, or portion of a trust, created for a charitable purpose described in section 19-1304.05(a).
(4) “Conservator” means a person appointed by the court to administer the estate of a minor or adult individual.
(5) “Distributee” means a beneficiary who is currently entitled to receive a distribution from a trust.
(6) “Environmental law” means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment.
(7) “Guardian” means a person appointed by the court, a parent, or a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. The term “guardian” does not include a guardian ad litem.
(8) “Interests of the beneficiaries” means the beneficial interests provided in the terms of the trust.
(9) “Jurisdiction,” with respect to a geographic area, includes a State or country.
(10) “Permissible distributee” means a beneficiary who is currently eligible to receive a distribution from a trust.
(11) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(12) “Power of withdrawal” means a presently exercisable general power of appointment other than a power exercisable only upon consent of the trustee or a person holding an adverse interest.
(13) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.
(14) “Qualified beneficiary” means a beneficiary who, 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; or
  (C) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(15) “Revocable,” as applied to a trust, means revocable by the settlor without the consent of a person holding an adverse interest.
(16) “Settlor” means a person, including a testator, who 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.
(17) “Settlor’s successors in interest” means the residuary beneficiaries under the settlor’s will, or if none, the settlor’s heirs.
(18) “Spendthrift provision” means a term of a trust which restrains both voluntary and involuntary transfer of a beneficiary’s interest.
(19) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term “state” includes an Indian tribe or band recognized by federal law or formally acknowledged by a State.
(20) "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 .
(21) “Trust instrument” means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto.
(22) “Trustee” includes an original, additional, and successor trustee, and a cotrustee.
D.C. Code § 19-1919 — DC Code / Title 19 / Chapter 19 / § 19-1919
§ 19-1919. Tax-related limitations.
Status: in_force

(a) For the purposes of this section, the term:
  (1) "Grantor trust" means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. §§ 671 through 677 or 26 U.S.C. § 679.
  (2) "Internal Revenue Code" means the United States Internal Revenue Code of 1986.
  (3) "Nongrantor trust" means a trust that is not a grantor trust.
  (4) "Qualified benefits property" means property subject to the minimum distribution requirements of 26 U.S.C. § 401(a)(9), and any applicable regulations, or to any similar requirements that refer to 26 U.S.C. § 401(a)(9) or the regulations.
(b) An exercise of the decanting power is subject to the following limitations:
  (1) If a first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.
  (2) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.
  (3) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for the exclusion from the gift tax described in 26 U.S.C. § 2503(b), the second-trust instrument must not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. § 2503(b).  If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for the exclusion from the gift tax described in 26 U.S.C. § 2503(b) by application of 26 U.S.C. § 2503(c), the second-trust instrument must not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. § 2503(c).
  (4) If the property of the first trust includes shares of stock in an S corporation, as defined in 26 U.S.C. § 1361 and the first trust is, or but for provisions of this chapter other than this section would be, a permitted shareholder under any provision of 26 U.S.C. § 1361, an authorized fiduciary may exercise the power with respect to part or all of the S-corporation stock only if any second trust receiving the stock is a permitted shareholder under 26 U.S.C. § 1361(c)(2).  If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this chapter other than this section would be, a qualified subchapter-S trust within the meaning of 26 U.S.C. § 1361(d), the second-trust instrument must not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust.
  (5) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under 26 U.S.C. § 2642(c), the second-trust instrument must not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under 26 U.S.C. § 2642(c).
  (6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument may not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under 26 U.S.C. § 401(a)(9) and any applicable regulations, or any similar requirements that refer to 26 U.S.C. § 401(a)(9) or the regulations.  If an attempted exercise of the decanting power violates the preceding sentence, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and § 19-1922 applies to the separate share.
  (7) If the first trust qualifies as a grantor trust because of the application of 26 U.S.C. § 672(f)(2)(A), the second trust may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under 26 U.S.C. § 672(f)(2)(A).
  (8) For the purposes of this paragraph, the term "tax benefit" means a federal or state tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to paragraph (9) of this subsection, a second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if:
    (A) The first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument clearly is designed to enable the first trust to qualify for the benefit; and
    (B) The transfer of property held by the first trust or the first trust qualified, or but for provisions of this chapter other than this section, would have qualified for the tax benefit.
  (9) Subject to paragraph (4) of this subsection:
    (A) Except as otherwise provided in paragraph (7) of this subsection, the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and
    (B) Except as otherwise provided in paragraph (10) of this subsection, the second trust may be a grantor trust, even if the first trust is a nongrantor trust.
  (10) An authorized fiduciary may not exercise the decanting power if a settlor objects in a signed record delivered to the fiduciary within the notice period and:
    (A) The first trust and a second trust are both grantor trusts, in whole or in part, the first trust grants the settlor or another person the power to cause the second trust to cease to be a grantor trust, and the second trust does not grant an equivalent power to the settlor or other person; or
    (B) The first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless:
      (i) The settlor has the power at all times to cause the second trust to cease to be a grantor trust; or
      (ii) The first-trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust and the second-trust instrument contains the same provision.
D.C. Code § 19-1111 — DC Code / Title 19 / Chapter 11 / § 19-1111
§ 19-1111. Exemption of third person from liability.
Status: in_force

A third person, in good faith and without a court order, may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining:
(1) The validity of the purported custodial trustee’s designation;
(2) The propriety of, or the authority under this chapter for, any action of the purported custodial trustee;
(3) The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) The propriety of the application of property vested in the purported custodial trustee.
D.C. Code § 19-1704.05 — DC Code / Title 19 / Chapter 17 / § 19-1704.05
§ 19-1704.05. Power to contract: presently exercisable power of appointment.
Status: in_force

(a) A powerholder of a presently exercisable power of appointment may contract:
  (1) Not to exercise the power; or
  (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
D.C. Code § 19-114 — DC Code / Title 19 / Chapter 1 / § 19-114
§ 19-114. Right of surviving spouse or surviving domestic partner if there is no renunciation.
Status: in_force

A surviving spouse or surviving domestic partner who does not renounce as provided by section 19-113   is entitled to the benefit of all provisions in his favor in the will of the deceased spouse or deceased domestic partner and shall share, in accordance with sections 19-301   and 19-302   in any estate of the deceased spouse or deceased domestic partner undisposed of by the will.
D.C. Code § 19-101.02 — DC Code / Title 19 / Chapter 1 / § 19-101.02
§ 19-101.02. Homestead allowance.
Status: in_force

A decedent’s surviving spouse or surviving domestic partner is entitled to a homestead allowance of $30,000. If there is no surviving spouse or surviving domestic partner, each surviving minor child and each surviving dependent child of the decedent is entitled to a homestead allowance amounting to $30,000 divided by the number of surviving minor and surviving dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate, except as provided in section 20-906  . The homestead allowance is in addition to any share passing to the surviving spouse, surviving domestic partner, or surviving minor or surviving dependent child by the will of the decedent, unless otherwise provided by intestate succession, or by way of elective share.
D.C. Code § 19-2310 — DC Code / Title 19 / Chapter 23 / § 19-2310
§ 19-2310. Protection of third person.
Status: in_force

(a) With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person:
  (1) Transacts in good faith and for value:
    (A) With a community-property spouse; or
    (B) After the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and
  (2) Does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.
(b) Good faith under subsection (a)(1) of this section does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.
D.C. Code § 19-601.02 — DC Code / Title 19 / Chapter 6 / § 19-601.02
§ 19-601.02. Liability of nonprobate transferees for creditor claims and statutory allowances.
Status: in_force

(a) For the purposes of this section, the term “nonprobate transfer” means a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in the District to the extent that the transferor immediately before death had power, acting alone, to prevent the transfer by revocation or withdrawal and instead to use the property for the benefit of the transferor or apply it to discharge claims against the transferor’s probate estate.
(b) Except as otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to any probate estate of the decedent for allowed claims against decedent’s probate for estate and statutory allowances to the decedent’s spouse and children to the extent the estate is insufficient to satisfy those claims and allowances. The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee.
(c) Nonprobate transferees are liable for the insufficiency described in subsection (b) of this section in the following order of priority:
  (1) A transferee designated in the decedent’s will or any other governing instrument, as provided in the instrument;
  (2) The trustee of a trust serving as the principal nonprobate instrument in the decedent’s estate plan as shown by its designation as devisee of the decedent’s residuary estate or by other facts or circumstances, to the extent of the value of the nonprobate transfer received or controlled; and
  (3) Other nonprobate transferees, in proportion to the values received.
(d) Unless otherwise provided by the trust instrument, interests of beneficiaries in all trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if all of the trust instruments were a single will and the interests were devises under it.
(e) A provision made in one instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another, the later one prevails.
(f) Upon due notice to a nonprobate transferee, the liability imposed by this section is enforceable in proceedings in the District, whether or not the transferee is located in the District.
(g) A proceeding under this section may not be commenced unless the personal representative of the decedent’s estate has received a written demand for the proceeding from the surviving spouse or a child, to the extent that statutory allowances are affected, or a creditor. If the personal representative declines or fails to commence a proceeding after the demand, a person making the demand may commence the proceeding in the name of the decedent’s estate, at the expense of the person making the demand and not of the estate. A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.
(h) A proceeding under this section must be commenced within one year after the decedent’s death, but a proceeding on behalf of a creditor whose claim was allowed after proceedings challenging disallowance of the claim may be commenced within 60 days after final allowance of the claim.
(i) Unless a written notice asserting that a decedent’s probate estate is nonexistent or insufficient to pay allowed claims and statutory allowances has been received from the decedent’s personal representative, the following rules apply:
  (1) Payment or delivery of assets by a financial institution, registrar, or other obligor, to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.
  (2) A trustee receiving or controlling a nonprobate transfer is released from liability under this section with respect to any assets distributed to the trust’s beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee’s liability attributable to assets received by the beneficiary.
D.C. Code § 19-602.01 — DC Code / Title 19 / Chapter 6 / § 19-602.01
§ 19-602.01. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Account” means a contract of deposit between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, and share account.
(2) “Agent” means a person authorized to make account transactions for a party.
(3) “Beneficiary” means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee.
(3A) “Domestic partner” shall have the same meaning as provided in § 32-701(3) .
(4) “Financial institution” means an organization authorized to do business under state, District, or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.
(5) “Multiple-party account” means an account payable on request to one or more of 2 or more parties, whether or not a right of survivorship is mentioned.
(6) “Party” means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.
(7) “Payment” of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a set-off, reduction, or other disposition of all or part of an account pursuant to a pledge.
(8) “POD designation” means the designation of:
  (A) A beneficiary in an account payable on request to one party during the party’s lifetime and on the party’s death to one or more beneficiaries, or to one or more parties during their lifetimes and on death of all of them to one or more beneficiaries; or
  (B) A beneficiary in an account in the name of one or more parties as trustee for one or more beneficiaries if the relationship is established by the terms of the account and there is no subject of the trust other than the sums on deposit in the account, whether or not payment to the beneficiary is mentioned.
(9) “Receive,” as it relates to notice to a financial institution, means receipt in the office or branch office of the financial institution in which the account is established, but if the terms of the account require notice at a particular place, in the place required.
(10) “Request” means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but, for purposes of this subchapter, if terms of the account condition payment on advance notice, a request for payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for payment.
(11) “Sums on deposit” means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit life insurance proceeds added to the account by reason of death of a party.
(12) “Terms of the account” includes the deposit agreement and other terms and conditions, including the form, of the contract of deposit.
D.C. Code § 19-1703.01 — DC Code / Title 19 / Chapter 17 / § 19-1703.01
§ 19-1703.01. Requisites for exercise of power of appointment.
Status: in_force

(a) A power of appointment is exercised only:
  (1) If the instrument exercising the power is valid under applicable law;
  (2) If the terms of the instrument exercising the power:
    (A) Manifest the powerholder's intent to exercise the power; and
    (B) Subject to § 19-1703.04 , satisfy the requirements of exercise, if any, imposed by the donor; and
  (3) To the extent the appointment is a permissible exercise of the power.
D.C. Code § 19-604.02 — DC Code / Title 19 / Chapter 6 / § 19-604.02
§ 19-604.02. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Beneficiary” means a person that receives property under a transfer on death deed.
(2) “Designated beneficiary” means a person designated to receive property in a transfer on death deed.
(3) “Joint owner” means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term “joint owner” includes a joint tenant and tenancy by the entirety. The term “joint owner” does not include a tenancy in common.
(4) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.
(5) “Property” means an interest in real property located in the District of Columbia, which is transferable on the death of the owner.
(6) “Transfer on death deed” means a deed authorized under this subchapter.
(7) “Transferor” means an individual who makes a transfer on death deed.
D.C. Code § 19-1704.01 — DC Code / Title 19 / Chapter 17 / § 19-1704.01
§ 19-1704.01. Disclaimer.
Status: in_force

(a) As provided by Chapter 15 of this Title :
  (1) A powerholder may disclaim all or part of a power of appointment; and
  (2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.
D.C. Code § 19-604.12 — DC Code / Title 19 / Chapter 6 / § 19-604.12
§ 19-604.12. Effect of transfer on death deed during transferor’s life.
Status: in_force

During a transferor’s life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4) Affect the transferor’s or designated beneficiary’s eligibility for any form of public assistance;
(5) Create a legal or equitable interest in favor of the designated beneficiary; or
(6) Subject the property to claims or process of a creditor of the designated beneficiary.
D.C. Code § 19-303 — DC Code / Title 19 / Chapter 3 / § 19-303
§ 19-303. When surviving spouse entitled to one-third.
Status: repealed

Repealed.
D.C. Code § 19-317 — DC Code / Title 19 / Chapter 3 / § 19-317
§ 19-317. Trust estates.
Status: in_force

When a trustee is seized of the naked legal estate in real estate in fee simple, and dies intestate thereof, the legal estate descends according to section 19-301   to the persons who would inherit the beneficial estate if it were vested in them.
D.C. Code § 19-1304.01 — DC Code / Title 19 / Chapter 13 / § 19-1304.01
§ 19-1304.01. Methods of creating trust.
Status: in_force

A trust may be created by:
(1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee;
(3) Exercise of a power of appointment in favor of a trustee; or
(4) A court for the benefit of an individual in lieu of a transfer of property to a conservatorship or guardianship pursuant to Chapter 1 or subchapter VI of Chapter 20 of Title 21 of the District of Columbia Official Code.
D.C. Code § 19-1703.12 — DC Code / Title 19 / Chapter 17 / § 19-1703.12
§ 19-1703.12. Disposition of unappointed property if partial appointment to taker in default.
Status: in_force

Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
D.C. Code § 19-1304.03 — DC Code / Title 19 / Chapter 13 / § 19-1304.03
§ 19-1304.03. Trusts created in other jurisdictions.
Status: in_force

A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:
(1) The settlor was domiciled, had a place of abode, or was a national;
(2) A trustee was domiciled or had a place of business; or
(3) Any trust property was located.
D.C. Code § 19-1701.03 — DC Code / Title 19 / Chapter 17 / § 19-1701.03
§ 19-1701.03. Governing law.
Status: in_force

(a) Unless the terms of the instrument creating a power of appointment manifest a contrary intent:
  (1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and
  (2) The exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by the law of the powerholder's domicile at the relevant time.
D.C. Code § 19-2103 — DC Code / Title 19 / Chapter 21 / § 19-2103
§ 19-2103. Application; principal place of administration.
Status: in_force

(a) This chapter applies to a trust, whenever created, that has its principal place of administration in the District, subject to the following rules:
  (1) If the trust was created before the effective date of this chapter, this chapter applies only to a decision or action occurring on or after the effective date of this chapter; and
  (2) If the principal place of administration of the trust is changed to the District on or after the effective date of this chapter, this chapter applies only to a decision or action occurring on or after the date of the change.
(b) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust which designate the principal place of administration of the trust 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;
  (2) A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or
  (3) All or part of the administration occurs in the designated jurisdiction.
D.C. Code § 19-1908 — DC Code / Title 19 / Chapter 19 / § 19-1908
§ 19-1908. Representation.
Status: in_force

(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or Chapter 13 of this Title has the same effect as notice given directly to the person represented.
(b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or Chapter 13 of this Title is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.
(c) A person with authority to represent and bind another person under a first-trust instrument or Chapter 13 of this Title may file an application under § 19-1909 on behalf of the person represented.
(d) A settlor may not represent or bind a beneficiary under this chapter .
D.C. Code § 19-1512 — DC Code / Title 19 / Chapter 15 / § 19-1512
§ 19-1512. Delivery or filing.
Status: in_force

(a) For the purposes of this section, the term “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:
  (1) An annuity or insurance policy;
  (2) An account with a designation for payment on death;
  (3) A security registered in beneficiary form;
  (4) A pension, profit-sharing, retirement, or other employment-related benefit plan; or
  (5) Any other nonprobate transfer at death.
(b) Subject to subsections (c) through (l) of this section, delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt.
(c) In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:
  (1) A disclaimer must be delivered to the personal representative of the decedent’s estate; or
  (2) If no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative.
(d) In the case of an interest in a testamentary trust:
  (1) A disclaimer must be delivered to the trustee then serving, or if no trustee is then serving, to the personal representative of the decedent’s estate; or
  (2) If no personal representative is then serving, it must be filed with a court having jurisdiction to enforce the trust.
(e) In the case of an interest in an inter vivos trust:
  (1) A disclaimer must be delivered to the trustee then serving;
  (2) If no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or
  (3) If the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest.
(f) In the case of an interest created by a beneficiary designation which is disclaimed before the designation becomes irrevocable, the disclaimer must be delivered to the person making the beneficiary designation.
(g) In the case of an interest created by a beneficiary designation which is disclaimed after the designation becomes irrevocable:
  (1) The disclaimer of an interest in personal property must be delivered to the person obligated to distribute the interest; and
  (2) The disclaimer of an interest in real property must be recorded with the Recorder of Deeds.
(h) In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes.
(i) In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created:
  (1) The disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or
  (2) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.
(j) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment:
  (1) The disclaimer must be delivered to the holder, the personal representative of the holder’s estate, or to the fiduciary under the instrument that created the power, or
  (2) If no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary.
(k) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (c), (d), or (e) of this section, as if the power disclaimed were an interest in property.
(l) In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal’s representative.
D.C. Code § 19-1904 — DC Code / Title 19 / Chapter 19 / § 19-1904
§ 19-1904. Fiduciary duty.
Status: in_force

(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(b) This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.
(c) Except as otherwise provided in a first-trust instrument, for the purposes of this chapter and §§ 19-1308.01 and 19-1308.02(a) , the terms of the first trust are deemed to include the decanting power.
D.C. Code § 19-1301.10 — DC Code / Title 19 / Chapter 13 / § 19-1301.10
§ 19-1301.10. Others treated as qualified beneficiaries.
Status: in_force

(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 19-1304.08 or section 19-1304.09 has the rights of a qualified beneficiary under this chapter.
(c) The Corporation Counsel of the District of Columbia has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in the District of Columbia.
D.C. Code § 19-314 — DC Code / Title 19 / Chapter 3 / § 19-314
§ 19-314. Share of posthumous children.
Status: in_force

A right in the inheritance to real or personal property does not accrue to or vest in a person other than the children of the intestate and their descendants, unless the person is in being and capable in law to take as heir or distributee at the time of the intestate’s death; but a child or descendant of the intestate born after the death of the intestate has the same right of inheritance as if born before his death.
D.C. Code § 19-1703.08 — DC Code / Title 19 / Chapter 17 / § 19-1703.08
§ 19-1703.08. Selective allocation doctrine.
Status: in_force

If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the powerholder's intent.
D.C. Code § 19-1305.02 — DC Code / Title 19 / Chapter 13 / § 19-1305.02
§ 19-1305.02. Spendthrift provision.
Status: in_force

(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary’s interest.
(b) A term of a trust providing that the interest of a beneficiary is held subject to a “spendthrift trust,” or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.
(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this subchapter, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
D.C. Code § 19-302 — DC Code / Title 19 / Chapter 3 / § 19-302
§ 19-302. Share of spouse or domestic partner.
Status: in_force

The intestate share of a decedent’s surviving spouse or surviving domestic partner is:
(1) The entire intestate estate, if no descendant or parent of the decedent survives the decedent;
(2) Two-thirds of any balance of the intestate estate, if the decedent’s surviving descendants are also descendants of the surviving spouse or surviving domestic partner and there is no other descendant of the surviving spouse or surviving domestic partner who survives the decedent;
(3) Three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(4) One-half of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse or surviving domestic partner and the surviving spouse or surviving domestic partner has one or more surviving descendants who are not descendants of the decedent; or
(5) One-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse or surviving domestic partner.
D.C. Code § 19-109 — DC Code / Title 19 / Chapter 1 / § 19-109
§ 19-109. Recovery of dower obtained by default or collusion; damages.
Status: repealed

Repealed.
D.C. Code § 19-1306.04 — DC Code / Title 19 / Chapter 13 / § 19-1306.04
§ 19-1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property.
Status: in_force

(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earliest of:
  (1) One year after the settlor’s death;
  (2) Ninety days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding; or
  (3) Six months after the date of the first publication of notice of the trust’s existence, the name and address of each trustee and of the settlor, and the time allowed for commencing a proceeding, in the same manner as required for publication of notice of appointment of a personal representative, if the trustee sends a copy of the text of such notice, not later than 15 days after the date of its first publication, to each qualified beneficiary of the trust, heir of the decedent, and other person who would be an interested person within the meaning of section 20-101(d) if the trust were a will and who would have been required to be sent notice of the appointment of a personal representative under section 20-704 if a personal representative had been appointed.
(b) Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
  (1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
  (2) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
D.C. Code § 19-1311.01 — DC Code / Title 19 / Chapter 13 / § 19-1311.01
§ 19-1311.01. 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 states that enact it.
D.C. Code § 19-604.06 — DC Code / Title 19 / Chapter 6 / § 19-604.06
§ 19-604.06. Transfer on death deed revocable.
Status: in_force

A transfer on death deed is revocable under § 19-604.11 even if the deed or another instrument contains a contrary provision.
D.C. Code § 19-1920 — DC Code / Title 19 / Chapter 19 / § 19-1920
§ 19-1920. Duration of second trust.
Status: in_force

(a) Subject to subsection (b) of this section, a second trust may have a duration that is the same as or different from the duration of the first trust.
(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust.
D.C. Code § 19-602.02 — DC Code / Title 19 / Chapter 6 / § 19-602.02
§ 19-602.02. Limitation on scope of subchapter.
Status: in_force

This subchapter does not apply to:
(1) An account established for a partnership, joint venture, or other organization for a business purpose;
(2) An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or
(3) A fiduciary or trust account in which the relationship is established other than by the terms of the account.
D.C. Code § 19-1506 — DC Code / Title 19 / Chapter 15 / § 19-1506
§ 19-1506. Disclaimer of interest in property.
Status: in_force

(a) For the purposes of this section, the term:
  (1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
  (2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(b) Except for a disclaimer governed by § 19-1507 or 19-1508, the following rules apply to a disclaimer of an interest in property:
  (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.
  (2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
  (3) If the instrument does not contain a provision described in paragraph (2) of this subsection, the following rules apply:
    (A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
    (B) If the disclaimant is an individual, except as otherwise provided in subparagraphs (C) and (D) of this paragraph, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
    (C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
    (D) If the disclaimed interest would pass to the disclaimant’s estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor’s intestate estate under the intestate succession law of the transferor’s domicile had the transferor died at the time of distribution. However, if the transferor’s surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.
  (4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
D.C. Code § 19-604.08 — DC Code / Title 19 / Chapter 6 / § 19-604.08
§ 19-604.08. Capacity of transferor.
Status: in_force

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
D.C. Code § 19-1704.06 — DC Code / Title 19 / Chapter 17 / § 19-1704.06
§ 19-1704.06. Power to contract: power of appointment not presently exercisable.
Status: in_force

(a) A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
  (1) Is also the donor of the power; and
  (2) Has reserved the power in a revocable trust.
D.C. Code § 19-2303 — DC Code / Title 19 / Chapter 23 / § 19-2303
§ 19-2303. Included and excluded property.
Status: in_force

(a) Subject to subsection (b) of this section, this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:
  (1) If a decedent was domiciled in the District at the time of death:
    (A) All or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:
      (i) Was acquired; or
      (ii) After acquisition, became community property;
    (B) Income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A) of this paragraph; and
    (C) Personal property traceable to property described in subparagraph (A) or (B) of this paragraph; and
  (2) Regardless of whether a decedent was domiciled in the District at the time of death:
    (A) All or a proportionate part of each item of real property located in the District traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:
      (i) Was acquired; or
      (ii) After acquisition, became community property; and
    (B) Income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A) of this paragraph.
(b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.
(c) This chapter does not apply to property that:
  (1) Community-property spouses have partitioned or reclassified; or
  (2) Is the subject of a waiver of rights granted by this chapter .
D.C. Code § 19-1704.03 — DC Code / Title 19 / Chapter 17 / § 19-1704.03
§ 19-1704.03. Method of release.
Status: in_force

(a) For the purposes of this section, the term "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) A powerholder of a releasable power of appointment may release the power in whole or in part:
  (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or
  (2) If the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.
D.C. Code § 19-1305.04 — DC Code / Title 19 / Chapter 13 / § 19-1305.04
§ 19-1305.04. Discretionary trusts; effect of standard.
Status: in_force

[Omitted] Discretionary trusts; effect of standard. Uniform Law: This section is based upon § 504 of the Uniform Trust Code.
D.C. Code § 19-1106 — DC Code / Title 19 / Chapter 11 / § 19-1106
§ 19-1106. Multiple beneficiaries; separate custodial trusts; survivorship.
Status: in_force

(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses or domestic partners, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship.
(b) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 19-1108 and 19-1115 for the administration of the custodial trust.
D.C. Code § 19-101.06 — DC Code / Title 19 / Chapter 1 / § 19-101.06
§ 19-101.06. Penalties.
Status: in_force

Whoever, with respect to the allowances or exemptions authorized by sections 19-101.01   to 19-101.05  , (1) makes a false affidavit, (2) willfully violates an order of the Probate Division, or (3) willfully violates a provision of this chapter, shall be fined not more than $2,500 for each offense.
D.C. Code § 19-603.10 — DC Code / Title 19 / Chapter 6 / § 19-603.10
§ 19-603.10. Terms, conditions, and forms for registration.
Status: in_force

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
  (1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
  (2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
  (3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
D.C. Code § 19-1304.10 — DC Code / Title 19 / Chapter 13 / § 19-1304.10
§ 19-1304.10. Modification or termination of trust; proceedings for approval or disapproval.
Status: in_force

(a) In addition to the methods of termination prescribed by section 19-1304.11 through section 19-1304.14, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.
(b) A proceeding to approve or disapprove a proposed modification or termination under sections 19-1304.11 through 19-1304.16, or trust combination or division under section 19-1304.17, may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under section 19-1304.11 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under section 19-1304.13.
D.C. Code § 19-1310.11 — DC Code / Title 19 / Chapter 13 / § 19-1310.11
§ 19-1310.11. Interest as general partner.
Status: in_force

(a) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to D.C. Official Code §§ 33-101.01 through 33-112.04 (Uniform Partnership Act of 1996), or D.C. Official Code §§ 33-201.01 through 33-211.07 (Uniform Limited Partnership Act of 1987).
(b) Except as otherwise provided in subsection (c) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
D.C. Code § 19-2115 — DC Code / Title 19 / Chapter 21 / § 19-2115
§ 19-2115. Jurisdiction over trust director.
Status: in_force

(a) By accepting appointment as a trust director of a trust subject to this chapter , the director submits to personal jurisdiction of the courts of the District regarding any matter related to a power or duty of the director.
(b) This section does not preclude other methods of obtaining jurisdiction over a trust director.
D.C. Code § 19-113 — DC Code / Title 19 / Chapter 1 / § 19-113
§ 19-113. Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements.
Status: in_force

(a) Subject to section 19-114, a surviving spouse or surviving domestic partner is, by a devise or bequest specified in section 19-112, barred on any statutory rights or interest he has in the real and personal estate of the deceased spouse or deceased domestic partner unless, within 6 months after the will of the deceased spouse or deceased domestic partner is admitted to probate, he files in the Probate Court a written renunciation to the following effect: “I, A B, surviving spouse or surviving domestic partner of  late of , deceased, renounce and quit all claim to any devise or bequest made to me by the last will of my spouse or domestic partner exhibited and proved according to law; and I elect to take in lieu thereof my legal share of the real and personal estate of my deceased spouse or deceased domestic partner.
____________________
(b) Repealed.
(c) If, during the period of 6 months specified by subsection (a) of this section, a suit is instituted to construe the will of the deceased spouse or deceased domestic partner, the period of 6 months for the filing of the renunciation or election commences to run from the date when the suit is finally determined. A renunciation or election may be made in behalf of a spouse or domestic partner unable to act for himself by reason of infancy, incompetency, or inability to manage his property, by the guardian or other fiduciary acting for the spouse or domestic partner when so authorized by the court having jurisdiction of the person of the spouse or domestic partner. The time for renunciation by a spouse or domestic partner may be extended before its expiration by an order of the Probate Court for successive periods of not more than 6 months each upon petition showing reasonable cause and on notice given to the personal representative and to the other persons herein referred to in such manner as the Probate Court directs.
(d) Where a decedent has not made a devise or bequest to the spouse or domestic partner, or nothing passes by a purported devise or bequest, the surviving spouse or surviving domestic partner is entitled to his legal share of the real and personal estate of the deceased spouse or deceased domestic partner without filing a written renunciation.
(e) The legal share of a surviving spouse or surviving domestic partner under subsection (a) or (d) of this section is such share or interest in the real or personal property of the deceased spouse or deceased domestic partner as he would have taken if the deceased spouse or deceased domestic partner had died intestate, not to exceed one-half of the net estate bequeathed and devised by the will.
(f) A valid antenuptial or postnuptial agreement entered into by the spouses or domestic partners determines the rights of the surviving spouse or the surviving domestic partner in the real and personal estate of the deceased spouse or deceased domestic partner and the administration thereof, but a spouse or domestic partner may accept the benefits of a devise or bequest made to him by the deceased spouse or deceased domestic partner.
D.C. Code § 19-2301 — DC Code / Title 19 / Chapter 23 / § 19-2301
§ 19-2301. Short title.
Status: in_force

This chapter may be cited as the "Uniform Community Property Disposition at Death Code".
D.C. Code § 19-2313 — DC Code / Title 19 / Chapter 23 / § 19-2313
§ 19-2313. Saving provision.
Status: in_force

If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before [March 7, 2025], that statute continues to apply to the right even if the statute has been repealed or superseded by this chapter .
D.C. Code § 19-1703.06 — DC Code / Title 19 / Chapter 17 / § 19-1703.06
§ 19-1703.06. Appointment to deceased appointee or permissible appointee's descendant.
Status: in_force

(a) Subject to § 18-308 , an appointment to a deceased appointee is ineffective.
(b) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
D.C. Code § 19-1509 — DC Code / Title 19 / Chapter 15 / § 19-1509
§ 19-1509. Disclaimer of power of appointment or other power not held in fiduciary capacity.
Status: in_force

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
D.C. Code § 19-1309.05 — DC Code / Title 19 / Chapter 13 / § 19-1309.05
§ 19-1309.05. Reviewing compliance.
Status: in_force

The prudent investor rule expresses a standard of conduct, not a particular outcome. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee’s decision or action.
D.C. Code § 19-1703.03 — DC Code / Title 19 / Chapter 17 / § 19-1703.03
§ 19-1703.03. Intent to exercise after-acquired power.
Status: in_force

(a) Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:
  (1) Except as otherwise provided in paragraph (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and
  (2) If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
D.C. Code § 19-311 — DC Code / Title 19 / Chapter 3 / § 19-311
§ 19-311. Share of collateral relations.
Status: in_force

After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed.
D.C. Code § 19-602.15 — DC Code / Title 19 / Chapter 6 / § 19-602.15
§ 19-602.15. Community property and tenancy by the entireties.
Status: in_force

(a) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to or domestic partners of each other arising from the express terms of the account or section 19-602.12 may not be altered by will.
(b) This subchapter does not affect the law governing tenancy by the entireties.
D.C. Code § 19-1705.04 — DC Code / Title 19 / Chapter 17 / § 19-1705.04
§ 19-1705.04. Creditor claim: nongeneral power.
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.
(b) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of §§ 28-3101 to 28-3111 .
(c) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this subchapter as a general power.
D.C. Code § 19-1308.07 — DC Code / Title 19 / Chapter 13 / § 19-1308.07
§ 19-1308.07. Delegation by trustee.
Status: in_force

(a) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
  (1) Selecting an agent;
  (2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
  (3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
(c) A trustee who complies with subsection (a) of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of the District of Columbia, an agent submits to the jurisdiction of the courts of the District of Columbia.
D.C. Code § 19-310 — DC Code / Title 19 / Chapter 3 / § 19-310
§ 19-310. Brothers and sisters to share equally.
Status: in_force

Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.
D.C. Code § 19-1116 — DC Code / Title 19 / Chapter 11 / § 19-1116
§ 19-1116. Limitations of action against custodial trustee.
Status: in_force

(a) Except as provided in subsection (c) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
  (1) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement; or
  (2) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 3 years after the termination of the custodial trust.
(b) Except as provided in subsection (c) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within 7 years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section if the claimant:
  (1) Is a minor, until the earlier of 2 years after the claimant becomes an adult or dies;
  (2) Is an incapacitated adult, until the earliest of 2 years after the appointment of a conservator, the removal of the incapacity, or the death of the claimant; or
  (3) Was an adult, now deceased, who was not incapacitated, until 2 years after the claimant’s death.
D.C. Code § 19-316 — DC Code / Title 19 / Chapter 3 / § 19-316
§ 19-316. Share of children born out of wedlock; their heirs; mother; father.
Status: in_force

Children born out of wedlock and the heirs of children born out of wedlock are capable of taking real and personal estate by inheritance from their mother or from their father if parenthood has been established, or from each other, or from heirs of each other, as the case may be, in like manner as if born in lawful wedlock, and the mother and such father, and their respective heirs, are capable of inheriting from such children.
D.C. Code § 19-1303.02 — DC Code / Title 19 / Chapter 13 / § 19-1303.02
§ 19-1303.02. Representation by holder of general testamentary power of appointment.
Status: in_force

The holder of a power of appointment may represent and bind persons whose interests as permissible appointees or takers in default are subject to the power. A qualified power of appointment is a power exercisable in favor of:
(1) The power holder, the power holder’s estate, the power holder’s creditors and the creditors of the power holder’s estate; or
(2) All persons other than the power holder, the power holder’s estate, the power holder’s creditors, and the creditors of the power holder’s estate.