reglab/housing_qa huggingface dataset:
WA Rev Code § 11.97.020 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.97 - Effect of Trust Instrument.|11.97.020 - Trust term interpretation and property disposition—Rules of construction.

RCW 11.97.020 Trust term interpretation and property disposition—Rules of construction.The rules of construction that apply in this state to the interpretation of a will and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.[ 2011 c 327 § 13.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.97.900 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.97 - Effect of Trust Instrument.|11.97.900 - Application of chapter.

RCW 11.97.900 Application of chapter. (Effective until January 1, 2022.)This chapter applies to the provisions of chapters 11.95, 11.98, 11.100, and 11.104A RCW and to RCW 11.106.020.[ 2003 c 254 § 5; 1985 c 30 § 39. Prior: 1984 c 149 § 65.]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.RCW 11.97.900Application of chapter. (Effective January 1, 2022.)This chapter applies to the provisions of chapters 11.95A, 11.98, 11.100, and 11.104B RCW and to RCW 11.106.020.[ 2021 c 140 § 3612; 2003 c 254 § 5; 1985 c 30 § 39. Prior: 1984 c 149 § 65.]NOTES:Effective date—2021 c 140 §§ 3101-3614: See RCW 11.95A.903.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 § 11.98.002 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.002 - Definitions.

RCW 11.98.002 Definitions.The definitions in this section apply throughout this chapter, and throughout this title where specifically referenced, unless the context clearly requires otherwise.(1) "Permissible distributee" means a trust beneficiary who is currently eligible to receive distributions of trust income or principal, whether the distribution is mandatory or discretionary.(2) "Qualified beneficiary" means a trust beneficiary who, on the date that such beneficiary's qualification is determined:(a) Is a permissible distributee;(b) Would be a permissible distributee if the interests of the distributees described in (a) of this subsection terminated on that date; or(c) Would be a permissible distributee if the trust terminated on that date.[ 2013 c 272 § 8.]NOTES:Application—2013 c 272: "Except as otherwise provided in this act:(1) This act applies to all trusts created before, on, or after January 1, 2013;(2) This act applies to all judicial proceedings concerning trusts commenced on or after January 1, 2013;(3) An action taken before January 1, 2013, is not affected by this act; and(4) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2013, that statute continues to apply to the right even if it has been repealed or superseded." [ 2013 c 272 § 28.]
WA Rev Code § 11.98.008 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.008 - Trust creation—Methods.

RCW 11.98.008 Trust creation—Methods.A trust may be created by:(1) Transfer of property to another person as trustee during the trustor's lifetime or by will or other disposition taking effect upon the trustor's death;(2) Declaration by the owner of property that the owner holds identifiable property as trustee; or(3) Exercise of a power of appointment in favor of a trustee.[ 2011 c 327 § 15.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.009 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.009 - Application of chapter.

RCW 11.98.009 Application of chapter.Except as provided in this section, this chapter applies to express trusts executed by the trustor after June 10, 1959, and does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature of mortgages or pledges, liquidation trusts, or trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, trusts created in deposits in any financial institution pursuant to *chapter 30.22 RCW, unless any such trust which is created in writing incorporates this chapter in whole or in part.[ 2011 c 327 § 14; 1985 c 30 § 40. Prior: 1984 c 149 § 67; 1983 c 3 § 49; 1959 c 124 § 1. Formerly RCW 30.99.010.]NOTES:*Reviser's note: Chapter 30.22 RCW was recodified as chapter 30A.22 RCW pursuant to 2014 c 37 § 4, effective January 5, 2015.Application—Effective date—2011 c 327: See notes following RCW 11.103.020.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 § 11.98.011 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.011 - Trust creation—Requirements.

RCW 11.98.011 Trust creation—Requirements.(1) A trust is created only if:(a) The trustor has capacity to create a trust;(b) The trustor indicates an intention to create the trust;(c) The trust has a definite beneficiary or is:(i) A charitable trust;(ii) A trust for the care of an animal, as provided in chapter 11.118 RCW; or(iii) A trust for a noncharitable purpose, as provided in RCW 11.98.015;(d) The trustee has duties to perform; and(e) The same person is not the sole trustee and sole beneficiary.(2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(3) A power in a trustee to select a beneficiary from an indefinite class is valid, except to the extent that the trustee may distribute trust property to himself or herself. 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.[ 2011 c 327 § 16.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.012 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.012 - Trust creation—Other jurisdictions.

RCW 11.98.012 Trust creation—Other jurisdictions.A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation or in the case of a revocable trust, at the time the trust became irrevocable:(1) The trustor was domiciled, had a residence, or was a national;(2) The trustee was domiciled or had a place of business; or(3) Any trust property was located.[ 2011 c 327 § 17.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.013 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.013 - Trust creation—Allowable purposes.

RCW 11.98.013 Trust creation—Allowable purposes.A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve.[ 2011 c 327 § 18.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.014 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.014 - Trust creation—Oral trusts.

RCW 11.98.014 Trust creation—Oral trusts.Except as required by a statute other than this title, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear, cogent, and convincing evidence.[ 2011 c 327 § 19.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.015 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.015 - Noncharitable trusts without ascertainable beneficiaries.

RCW 11.98.015 Noncharitable trusts without ascertainable beneficiaries.Except as otherwise provided in chapter 11.118 RCW or by another statute, the following rules apply:(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for longer than the time period specified in RCW 11.98.130 as the period during which a trust cannot be deemed to violate the rule against perpetuities;(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. Such person is considered to be a permissible distributee of the trust; and(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the trustor, if then living, otherwise to the trustor's successors in interest. Successors in interest include the beneficiaries under the trustor's will, if the trustor has a will, or, in the absence of an effective will provision, the trustor's heirs.[ 2013 c 272 § 22; 2011 c 327 § 20.]NOTES:Application—2013 c 272: See note following RCW 11.98.002.Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
WA Rev Code § 11.98.016 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.016 - Exercise of powers by co-trustees.

RCW 11.98.016 Exercise of powers by co-trustees.(1) Any power vested in three or more trustees jointly may be exercised by a majority of such trustees; but no trustee who has not joined in exercising a power is liable to the beneficiaries or to others for the consequences of such exercise; nor is a dissenting trustee liable for the consequences of an act in which that trustee joins at the direction of the majority of the trustees, if that trustee expressed his or her dissent in writing to each of the co-trustees at or before the time of such joinder.(2) Where two or more trustees are appointed to execute a trust and one or more of them for any reason does not accept the appointment or having accepted ceases to be a trustee, the survivor or survivors shall execute the trust and shall succeed to all the powers, duties and discretionary authority given to the trustees jointly.(3) An individual trustee, with a co-trustee's consent, may, by a signed, written instrument, delegate any power, duty, or authority as trustee to that co-trustee. This delegation is effective upon delivery of the instrument to that co-trustee and may be revoked at any time by delivery of a similar signed, written instrument to that co-trustee. However, if a power, duty, or authority is expressly conferred upon only one trustee, it shall not be delegated to a co-trustee. If that power, duty, or authority is expressly excluded from exercise by a trustee, it shall not be delegated to the excluded trustee.(4) If one trustee gives written notice to all other co-trustees of an action that the trustee proposes be taken, then the failure of any co-trustee to deliver a written objection to the proposal to the trustee, at the trustee's then address of record and within fifteen days from the date the co-trustee actually receives the notice, constitutes formal approval by the co-trustee, unless the co-trustee had previously given written notice that was unrevoked at the time of the trustee's notice, to that trustee that this fifteen-day notice provision is inoperative.(5) As to any effective delegation made under subsection (3) of this section, a co-trustee has no liability for failure to participate in the administration of the trust.Nothing in this section, however, otherwise excuses a co-trustee from liability for failure to participate in the administration of the trust and nothing in this section, including subsection (3) of this section, excuses a co-trustee from liability for the failure to attempt to prevent a breach of trust.[ 1985 c 30 § 41. Prior: 1984 c 149 § 68; 1959 c 124 § 3. Formerly RCW 30.99.030.]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 § 11.98.017 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.

RCW 11.98.017 Trusteeship—Accepting and declining—Powers without acceptance.(1) Except as otherwise provided in subsection (3) of this section, a person designated as trustee accepts the trusteeship:(a) By substantially complying with a method of acceptance provided in the terms of the trust; or(b) If the terms of the trust do not provide a method of acceptance or the method provided in the 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.(2) A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship by delivering a written declination of the trusteeship to the trustor or, if the trustor is deceased or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary.(3) A person designated as trustee, without accepting the trusteeship, may:(a) Act to preserve the trust property if, within a reasonable time after acting, the person sends a written declination of the trusteeship to the trustor or, if the trustor is dead or is incapacitated, to a successor trustee, if any, and if none, to a qualified beneficiary; and(b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.[ 2013 c 272 § 10.]NOTES:Application—2013 c 272: See note following RCW 11.98.002.
WA Rev Code § 11.98.019 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.019 - Relinquishment of powers by trustee.

RCW 11.98.019 Relinquishment of powers by trustee.Any trustee may, by written instrument delivered to any then acting co-trustee and to the permissible distributees of the trust, relinquish to any extent and upon any terms any or all of the trustee's powers, rights, authorities, or discretions that are or may be tax sensitive in that they cause or may cause adverse tax consequences to the trustee or the trust. Any trustee not relinquishing such a power, right, authority, or discretion and upon whom it is conferred continues to have full power to exercise it.[ 2013 c 272 § 11; 1985 c 30 § 42. Prior: 1984 c 149 § 69.]NOTES:Application—2013 c 272: See note following RCW 11.98.002.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 § 11.98.029 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.029 - Resignation of trustee.

RCW 11.98.029 Resignation of trustee.Any trustee may resign, without judicial proceedings, by a writing signed by the trustee and filed with the trust records, to be effective upon the trustee's discharge as provided in RCW 11.98.041.[ 1989 c 10 § 3. Prior: 1985 c 30 § 43; prior: 1959 c 124 § 4. Formerly RCW 30.99.040.]NOTES:Intent—1989 c 10 § 3: "It is the intent of the legislature that RCW 11.98.029 be restored to full force and effect." [ 1989 c 10 § 2.]Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
WA Rev Code § 11.98.041 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.041 - Change of trustee—Discharge of outgoing trustee, when.

RCW 11.98.041 Change of trustee—Discharge of outgoing trustee, when.Where a vacancy occurs in the office of trustee under the circumstances described in RCW 11.98.039 (1) or (2), the outgoing trustee is discharged upon the agreement of all parties entitled to notice or upon the expiration of thirty days after notice is given of such vacancy as required by the applicable subsection of RCW 11.98.039, whichever occurs first, or if no notice is required under RCW 11.98.039(1), upon the date the vacancy occurs, unless before the effective date of such discharge a petition is filed under RCW 11.98.039(4) regarding the appointment or change of a trustee of the trust. Where a petition is filed under RCW 11.98.039(4) regarding the appointment or change of a trustee, the superior court having jurisdiction may discharge the trustee from the trust and may appoint a successor trustee upon such terms as the court may require.[ 2013 c 272 § 13; 1985 c 30 § 141.]NOTES:Application—2013 c 272: See note following RCW 11.98.002.Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
WA Rev Code § 11.98.045 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.045 - Criteria for transfer of trust assets or administration.

RCW 11.98.045 Criteria for transfer of trust assets or administration.(1) If a trust is a Washington trust under RCW 11.98.005, a trustee may transfer the situs of the trust to a jurisdiction other than Washington if the trust instrument so provides or in accordance with RCW 11.98.051 or 11.98.055.(2) Transfer under this section is permitted only if:(a) The transfer would facilitate the economic and convenient administration of the trust;(b) The transfer would not materially impair the interests of the qualified beneficiaries or others interested in the trust;(c) The transfer does not violate the terms of the trust;(d) The new trustee is qualified and able to administer the trust or such assets on the terms set forth in the trust; and(e) The trust meets at least one condition for situs listed in RCW 11.98.005(1) with respect to the new jurisdiction.(3) Acceptance of such transfer by a foreign corporate trustee or trust company under this section or RCW 11.98.051 or 11.98.055 may not be construed to be doing a "trust business" as described in *RCW 30.08.150(9).[ 2013 c 272 § 14; 2011 c 327 § 23; 1985 c 30 § 45. Prior: 1984 c 149 § 74.]NOTES:*Reviser's note: RCW 30.08.150 was recodified as RCW 30A.08.150 pursuant to 2014 c 37 § 4 and amended by 2014 c 37 § 167, deleting subsection (9), effective January 5, 2015.Application—2013 c 272: See note following RCW 11.98.002.Application—Effective date—2011 c 327: See notes following RCW 11.103.020.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 § 11.98.051 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.051 - Nonjudicial transfer of trust assets or administration—Notice—Consent required.

RCW 11.98.051 Nonjudicial transfer of trust assets or administration—Notice—Consent required.(1) The trustee may transfer trust situs (a) in accordance with RCW 11.96A.220; or (b) by giving written notice to the attorney general in the case of a charitable trust subject to chapter 11.110 RCW and to the qualified beneficiaries not less than sixty days before initiating the transfer. The notice must:(a) State the name and mailing address of the trustee;(b) Include a copy of the governing instrument of the trust;(c) Include a statement of assets and liabilities of the trust dated within ninety days of the notice;(d) State the name and mailing address of the trustee to whom the trust will be transferred together with evidence that the trustee has agreed to accept the trust in the manner provided by law of the new situs. The notice must also contain a statement of the trustee's qualifications and the name of the court, if any, having jurisdiction of that trustee or in which a proceeding with respect to the administration of the trust may be heard;(e) State the facts supporting the requirements of RCW 11.98.045(2);(f) Advise the recipients of the notice of the date, not less than sixty days after the giving of the notice, by which such recipients must notify the trustee of an objection to the proposed transfer; and(g) Include a form on which the recipient may object to the proposed transfer.(2) If the date upon which the right to object to the transfer expires without receipt by the trustee of any objection, the trustee may transfer the trust situs as provided in the notice. If the trust was registered under RCW 11.98.045(2), the trustee must file a notice of transfer of situs and termination of registration with the court of the county where the trust was registered.(3) The authority of a trustee under this section to transfer a trust's situs terminates if a recipient of the notice notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.(4) A change of trust situs does not authorize a change of trustee. Change of trustee of a trust requires compliance with RCW 11.98.039.[ 2013 c 272 § 15; 2011 c 327 § 24; 1999 c 42 § 619; 1985 c 30 § 46. Prior: 1984 c 149 § 75.]NOTES:Application—2013 c 272: See note following RCW 11.98.002.Application—Effective date—2011 c 327: See notes following RCW 11.103.020.Effective date—1999 c 42: See RCW 11.96A.902.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 § 11.98.055 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.055 - Judicial transfer of situs of trusts.

RCW 11.98.055 Judicial transfer of situs of trusts.(1) Any trustee, beneficiary, or beneficiary representative may petition the superior court of the county of the situs of the trust for a transfer of the situs of a trust in accordance with RCW 11.96A.080 through 11.96A.200.(2) At the conclusion of the hearing, if the court finds the requirements of RCW 11.98.045(2) have been satisfied, it may direct the transfer of the situs of a trust on such terms and conditions as it deems appropriate. The court in its discretion may provide for payment from the trust of reasonable fees and expenses for any party to the proceeding. Delivery of trust assets in accordance with the court's order is a full discharge of the trustee's duties in relation to all transferred property.(3) A change of trust situs does not authorize a change of trustee. Change of trustee of a trust requires compliance with RCW 11.98.039.[ 2011 c 327 § 25; 1999 c 42 § 620; 1985 c 30 § 47. Prior: 1984 c 149 § 76.]NOTES:Application—Effective date—2011 c 327: See notes following RCW 11.103.020.Effective date—1999 c 42: See RCW 11.96A.902.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 § 11.98.060 (2021)
2021 Revised Code of Washington|Title 11 - Probate and Trust Law|Chapter 11.98 - Trusts.|11.98.060 - Power of successor trustee.

RCW 11.98.060 Power of successor trustee.A successor trustee of a trust shall succeed to all the powers, duties and discretionary authority of the original trustee.[ 1985 c 30 § 48. Prior: 1959 c 124 § 6. Formerly RCW 30.99.060.]NOTES:Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.