reglab/housing_qa huggingface dataset:
WA Rev Code § 11.98.065 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.065 - Change in form of corporate trustee.

RCW 11.98.065 Change in form of corporate trustee.Any appointment of a specific bank, trust company, or corporation as trustee is conclusively presumed to authorize the appointment or continued service of that entity's successor in interest in the event of a merger, acquisition, or reorganization, and no court proceeding is necessary to affirm the appointment or continuance of service.[ 1985 c 30 § 49. Prior: 1984 c 149 § 78.]NOTES:Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
WA Rev Code § 11.98.071 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.071 - Trustee's delegation of duties.

RCW 11.98.071 Trustee's delegation of duties.(1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:(a) Selecting a delegate;(b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust;(c) Periodically reviewing the delegate's actions in order to monitor the delegate's performance and compliance with the terms of the delegation; and(d) Enforcing the delegate's duties under the terms of the delegation.(2) In performing a delegated function, in addition to any other duty inherent in the delegation, a delegate owes a duty to the trustee to exercise reasonable care to comply with the terms of the delegation.(3) A trustee who complies with subsection (1) of this section is not liable to the beneficiaries or to the trust for an action of the delegate to whom the function was delegated. Nothing in this section relieves the trustee from any existing duty to compel the delegate to account for the delegate's actions.(4) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, a delegate submits to the jurisdiction of the courts of this state.(5) A delegation among co-trustees is governed by RCW 11.98.016.[ 2015 c 115 § 3.]
WA Rev Code § 11.98.072 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.072 - Trustee—Notification requirements.

RCW 11.98.072 Trustee—Notification requirements.(1) A trustee must keep all qualified beneficiaries of a trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee must promptly respond to any beneficiary's request for information related to the administration of the trust. The trustee is deemed to have satisfied the request of a qualified beneficiary who requests information concerning the terms of the trust reasonably necessary to enable such beneficiary to enforce his or her rights under the trust if the trustee provides a copy of the entire trust instrument. If a qualified beneficiary must compel production of information from the trustee by order of the court, then the court may order costs, including reasonable attorneys' fees, to be awarded to such beneficiary pursuant to RCW 11.96A.150.(2)(a) Except to the extent waived or modified as provided in subsection (5) of this section, within sixty days after the date of acceptance of the position of trustee, the trustee must give notice to the qualified beneficiaries of the trust of:(i) The existence of the trust;(ii) The identity of the trustor or trustors;(iii) The trustee's name, address, and telephone number; and(iv) The right to request such information as is reasonably necessary to enable the notified person to enforce his or her rights under the trust.(b) The notice required under this subsection (2) applies only to irrevocable trusts created after December 31, 2011, and revocable trusts that become irrevocable after December 31, 2011.(3) Despite any other provision of this section, and except to the extent waived or modified as provided in subsection (5) of this section, the trustee may not be required to provide any information described in subsection (1) or (2) of this section to any beneficiary of a trust other than the trustor's spouse or domestic partner if:(a) Such spouse or domestic partner has capacity;(b) Such spouse or domestic partner is the only permissible distributee of the trust; and(c) All of the other qualified beneficiaries of the trust are the descendants of the trustor and the trustor's spouse or domestic partner.(4) While the trustor of a revocable trust is living, no beneficiary other than the trustor is entitled to receive any information under this section.(5) The trustor may waive or modify the notification requirements of subsections (2) and (3) of this section in the trust document or in a separate writing, made at any time, that is delivered to the trustee.[ 2013 c 272 § 16.]NOTES:Application—2013 c 272: See note following RCW 11.98.002.
WA Rev Code § 11.98.075 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.075 - Certification of trust.

RCW 11.98.075 Certification of trust.(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:(a) That the trust exists and the date the trust instrument was executed;(b) The identity of the trustor;(c) The identity and address of the currently acting trustee;(d) Relevant powers of the trustee;(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;(f) 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; and(g) The name of the trust or the titling of the trust property.(2) A certification of trust may be signed or otherwise authenticated by any trustee or by an attorney for the trust.(3) 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.(4) A certification of trust need not contain the dispositive terms of a trust.(5) 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 or any other reasonable information.(6) 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.(7) 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.(8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including reasonable attorney fees, if the court determines that the person did not act in good faith in demanding the trust instrument.(9) 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.[ 2011 c 327 § 31.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.085 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.085 - Trustee—Breach of trust—Damages.

RCW 11.98.085 Trustee—Breach of trust—Damages.(1) A trustee who commits a breach of trust is liable for the greater of:(a) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or(b) The profit the trustee made by reason of the breach.(2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.[ 2011 c 327 § 33.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.100 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.100 - Nonliability for action or inaction based on lack of knowledge of events.

RCW 11.98.100 Nonliability for action or inaction based on lack of knowledge of events.When the happening of any event, including but not limited to such events as marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of the trust, then a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for any action or inaction based on lack of knowledge of the event. A corporate trustee is not liable prior to receiving such knowledge or notice in its trust department office where the trust is being administered.[ 1985 c 30 § 53. Prior: 1984 c 149 § 84; 1959 c 124 § 9. Formerly RCW 30.99.090.]NOTES:Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
WA Rev Code § 11.98.105 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.105 - Nonliability of third persons without knowledge of breach.

RCW 11.98.105 Nonliability of third persons without knowledge of breach.(1) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.(2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.(3) A person who in good faith delivers assets to a trustee need not ensure their proper application.(4) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.[ 2011 c 327 § 28.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.107 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.107 - Trustee exculpation.

RCW 11.98.107 Trustee exculpation.(1) An exculpatory term which was inserted as the result of an abuse of a fiduciary or confidential relationship between the trustor and the trustee is unenforceable.(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the trustor.[ 2011 c 327 § 29.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.108 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.108 - Nonliability of trustee—Beneficiary's consent, release, or ratification.

RCW 11.98.108 Nonliability of trustee—Beneficiary's consent, release, or ratification.A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or(2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.[ 2011 c 327 § 30.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.130 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.130 - Rule against perpetuities.

RCW 11.98.130 Rule against perpetuities.No provision of an instrument creating a trust, including the provisions of any further trust created, and no other disposition of property made pursuant to exercise of a power of appointment granted in or created through authority under such instrument is invalid under the rule against perpetuities, or any similar statute or common law, during the one hundred fifty years following the effective date of the instrument.Thereafter, unless the trust assets have previously become distributable or vested, the provision or other disposition of property is deemed to have been rendered invalid under the rule against perpetuities.[ 2001 c 60 § 1; 1985 c 30 § 55. Prior: 1984 c 149 § 87; 1965 c 145 § 11.98.010; prior: 1959 c 146 § 1. Formerly RCW 11.98.010.]NOTES:Application—2001 c 60: "This act applies to any irrevocable trust with an effective date on or after January 1, 2002. Unless the trust instrument otherwise provides, this act does not apply to: (1) Any irrevocable trust with an effective date prior to January 1, 2002; or (2) a revocable inter vivos trust or testamentary trust with an effective date on or after January 1, 2002, if at all times after the date of enactment the creator of the revocable inter vivos trust or testamentary trust was not competent to revoke, amend, or modify the instrument." [ 2001 c 60 § 4.]Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
WA Rev Code § 11.98.140 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.140 - Distribution and vesting of assets.

RCW 11.98.140 Distribution and vesting of assets.If, during the one hundred fifty years following the effective date of an instrument creating a trust, any of the trust assets should by the terms of the instrument or pursuant to any further trust or other disposition resulting from exercise of the power of appointment granted in or created through authority under such instrument, become distributable or any beneficial interest in any of the trust assets should by the terms of the instrument, or such further trust or other disposition become vested, such assets shall be distributed and such beneficial interest shall validly vest in accordance with the instrument, or such further trust or other disposition.[ 2001 c 60 § 2; 1985 c 30 § 56. Prior: 1984 c 149 § 88; 1965 c 145 § 11.98.020; prior: 1959 c 146 § 2. Formerly RCW 11.98.020.]NOTES:Application—2001 c 60: See note following RCW 11.98.130.Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
WA Rev Code § 11.98.145 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.145 - Distribution upon termination.

RCW 11.98.145 Distribution upon termination.(1) Upon termination or partial termination of a trust, the trustee may send, by personal service, certified mail with return receipt requested, or in an electronic transmission if there is a consent of the recipient to electronic transmission then in effect under the terms of RCW 11.96A.110, to the beneficiaries a proposed plan to distribute existing trust assets. The right of any beneficiary to object to the plan to distribute existing trust assets, including the right to object to nonpro rata distributions authorized under RCW 11.98.070(15), terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.[ 2011 c 327 § 27.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.150 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.150 - Distribution of assets after one hundred fifty-year period.

RCW 11.98.150 Distribution of assets after one hundred fifty-year period.If, at the end of the one hundred fifty years following the effective date of an instrument creating a trust, any of the trust assets have not by the terms of the trust instrument become distributable or vested, then the assets shall be distributed as the superior court having jurisdiction directs, giving effect to the general intent of the creator of the trust or person exercising a power of appointment in the case of any further trust or other disposition of property made pursuant to the exercise of a power of appointment.[ 2001 c 60 § 3; 1985 c 30 § 57. Prior: 1984 c 149 § 89; 1965 c 145 § 11.98.030; prior: 1959 c 146 § 3. Formerly RCW 11.98.030.]NOTES:Application—2001 c 60: See note following RCW 11.98.130.Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
WA Rev Code § 11.98.160 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.160 - Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.

RCW 11.98.160 Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.For the purposes of RCW 11.98.130 through 11.98.150 the effective date of an instrument purporting to create an irrevocable inter vivos trust is the date on which it is executed by the trustor, and the effective date of an instrument purporting to create either a revocable inter vivos trust or a testamentary trust is the date of the trustor's or testator's death.[ 1989 c 14 § 2; 1985 c 30 § 58. Prior: 1984 c 149 § 90; 1965 c 145 § 11.98.040; prior: 1959 c 146 § 4. Formerly RCW 11.98.040.]NOTES:Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
WA Rev Code § 11.98.200 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.200 - Beneficiary trustee—Limitations on power.

RCW 11.98.200 Beneficiary trustee—Limitations on power.Due to the inherent conflict of interest that exists between a trustee and a beneficiary of a trust, unless the terms of a trust refer specifically to RCW 11.98.200 through 11.98.240 and provide expressly to the contrary, the powers conferred upon a trustee who is a beneficiary of the trust, other than the trustor as a trustee, cannot be exercised by the trustee to make:(1) Discretionary distributions of either principal or income to or for the benefit of the trustee, except to provide for the trustee's health, education, maintenance, or support as described under section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section;(2) Discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift a beneficial interest except as an incidental consequence of the discharge of the trustee's fiduciary duties; or(3) Discretionary distributions of either principal or income to satisfy a legal obligation of the trustee.A proscribed power under this section that is conferred upon two or more trustees may be exercised by the trustees that are not disqualified under this section. If there is no trustee qualified to exercise a power proscribed under this section, a person described in RCW 11.96A.080 who is entitled to seek judicial proceedings with respect to a trust may apply to a court of competent jurisdiction to appoint another trustee who would not be disqualified, and the power may be exercised by another trustee appointed by the court. Alternatively, another trustee who would not be disqualified may be appointed in accordance with the provisions of the trust instrument if the procedures are provided, or as set forth in RCW 11.98.039 as if the office of trustee were vacant, or by a nonjudicial dispute resolution agreement under RCW 11.96A.220.[ 1999 c 42 § 624; 1994 c 221 § 65; 1993 c 339 § 2.]NOTES:Effective date—1999 c 42: See RCW 11.96A.902.Application—1994 c 221: "The 1994 c 221 amendments to RCW 11.98.200(3) are remedial in nature and apply retroactively to July 25, 1993." [ 1994 c 221 § 74.]Effective dates—1994 c 221: See note following RCW 11.100.035.Severability—1993 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 339 § 14.]
WA Rev Code § 11.98.210 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.210 - Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.

RCW 11.98.210 Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.If a trustee is a beneficiary of the trust and the trust instrument confers the power to make distributions of principal or income for the trustee's health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a trust provision purporting to confer "absolute," "sole," "complete," "conclusive," or a similar discretion relating to the exercise of such trustee powers shall be disregarded in the exercise of the power, and the power may then only be exercised reasonably and in accordance with the ascertainable standard as set forth in RCW 11.98.200 and this section. A person who has the right to remove or to replace a trustee does not possess nor may the person be deemed to possess by virtue of having that right the powers of the trustee who is subject to removal or replacement.[ 1993 c 339 § 3.]NOTES:Severability—1993 c 339: See note following RCW 11.98.200.