reglab/housing_qa huggingface dataset:
DC Code § 19-1304.10 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.10. Modification or termination of trust; proceedings for approval or disapproval

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Section References This section is referenced in § 19-1301.05. Editor's Notes Uniform Law: This section is based upon § 410 of the Uniform Trust Code.
DC Code § 19-1304.11 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.11. Modification or termination of noncharitable irrevocable trust by consent

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Section References This section is referenced in § 19-1303.01, § 19-1304.10, § 19-1305.01, and § 21-2070. Editor's Notes Uniform Law: This section is based upon § 411 of the Uniform Trust Code.
DC Code § 19-1304.12 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.12. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 412 of the Uniform Trust Code.
DC Code § 19-1304.13 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.13. Cy pres

Except as otherwise provided in the terms of the trust, if a particular charitable purpose is or becomes unlawful, impracticable, impossible to achieve, or wasteful: (1) The trust does not fail, in whole or in part; (2) The trust property does not revert to the settlor or the settlor’s successors in interest; and (3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Section References This section is referenced in § 19-1304.10. Editor's Notes Uniform Law: This section is based upon § 413 of the Uniform Trust Code.
DC Code § 19-1304.14 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.14. Termination of uneconomic trust

(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. (b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration. (c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. (d) This section does not apply to an easement for conservation or preservation.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 414 of the Uniform Trust Code.
DC Code § 19-1304.15 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.15. Reformation to correct mistakes

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 415 of the Uniform Trust Code.
DC Code § 19-1304.16 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.16. Modification to achieve settlor’s tax objectives

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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 416 of the Uniform Trust Code.
DC Code § 19-1304.17 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.17. Combination and division of trusts

After notice to the qualified beneficiaries, a trustee may combine 2 or more trusts into a single trust or divide a trust into 2 or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Section References This section is referenced in § 19-1304.10 and § 19-1305.01. Editor's Notes Uniform Law: This section is based upon § 417 of the Uniform Trust Code.
DC Code § 19-1304.18 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter IV - Creation, Validity, Modification, and Termination of Trust|§ 19-1304.18. Title of trust property

Real or personal property that is transferred to a trust may be titled in the name of: (1) The trust by reference to the instrument creating the trust; (2) The current trustee as the trustee of such trust; or (3) “The trustee” as the trustee of such trust.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
DC Code § 19-1305.01 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts|§ 19-1305.01. Rights of beneficiary’s creditor or assignee

To the extent a beneficiary’s interest is not protected by a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. Whether or not a trust contains a spendthrift provision, the creditor of a beneficiary cannot exercise or compel the exercise of the beneficiary’s right to commerce, approve, or disapprove a proposed trust termination or modification under sections 19-1304.11 through 19-1304.16 , or trust combination or division under section 19-1304.17 .  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 501 of the Uniform Trust Code.
DC Code § 19-1305.02 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts|§ 19-1305.02. Spendthrift provision

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 502 of the Uniform Trust Code.
DC Code § 19-1305.03 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts|§ 19-1305.03. Exceptions to spendthrift provision

(a) For the purposes of this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or another State. (b) Whether or not a trust contains a spendthrift provision, a beneficiary’s child, who has a judgment or court order against the beneficiary for support or maintenance, may obtain from a court an order attaching present or future distributions when payable under the terms of the trust to or for the benefit of the beneficiary. (c) A spendthrift provision is unenforceable against a claim of the District of Columbia or the United States to the extent a statute of the District of Columbia or federal law so provides.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 503 of the Uniform Trust Code.
DC Code § 19-1305.04 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts|§ 19-1305.04. Discretionary trusts; effect of standard [Reserved]

 (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 504 of the Uniform Trust Code.
DC Code § 19-1305.06 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts|§ 19-1305.06. Overdue distribution

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 506 of the Uniform Trust Code.
DC Code § 19-1305.07 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts|§ 19-1305.07. Personal obligations of trustee

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 507 of the Uniform Trust Code.
DC Code § 19-1306.01 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter VI - Revocable Trusts|§ 19-1306.01. Capacity of settlor of revocable trust

The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 601 of the Uniform Trust Code.
DC Code § 19-1306.02 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter VI - Revocable Trusts|§ 19-1306.02. Revocation or amendment of revocable trust

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Section References This section is referenced in § 19-1303.01 and § 21-2070. Editor's Notes Uniform Law: This section is based upon § 602 of the Uniform Trust Code.
DC Code § 19-1306.03 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter VI - Revocable Trusts|§ 19-1306.03. Settlor’s powers; powers of withdrawal

(a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor. (b) While a trust is not revocable, for so long as a person has a currently exercisable power of withdrawal over the entire principal of the trust, the duties of a trustee are owed exclusively to such person. (c) While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary shall have the right to enforce the settlor’s intent to benefit the beneficiary during the settlor’s incapacity.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 603 of the Uniform Trust Code.
DC Code § 19-1306.04 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter VI - Revocable Trusts|§ 19-1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 604 of the Uniform Trust Code.
DC Code § 19-1307.01 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter VII - Office of Trustee|§ 19-1307.01. Accepting or declining trusteeship

(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.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Editor's Notes Uniform Law: This section is based upon § 701 of the Uniform Trust Code.
DC Code § 19-1307.02 (2021)
2021 District of Columbia Code|Title 19 - Descent, Distribution, and Trusts. [Enacted title]|Chapter 13 - Uniform Trust Code|Subchapter VII - Office of Trustee|§ 19-1307.02. Trustee’s bond

(a) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement. (b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time. (c) A regulated financial-service institution qualified to do trust business in the District of Columbia need not give bond, even if required by the terms of the trust.  (Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)  Section References This section is referenced in § 19-1301.05. Editor's Notes Uniform Law: This section is based upon § 702 of the Uniform Trust Code.