reglab/statecodes huggingface dataset:
2023 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(3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.220 - Beneficiary trustee—Inferences of law—Judicial review.

RCW 11.98.220
Beneficiary trustee—Inferences of law—Judicial review.
RCW 11.98.200 through 11.98.240 do not raise any inference that the law of this state prior to July 25, 1993, was different than under RCW 11.98.200 through 11.98.240. Further, RCW 11.98.200 through 11.98.240 do not raise an inference that prior to July 25, 1993, a trustee's exercise or failure to exercise a power described in RCW 11.98.200 through 11.98.240 was not subject to review by a court of competent jurisdiction for abuse of discretion or breach of fiduciary duty under chapter 11.96A RCW or other applicable law. Following July 25, 1993, the power of judicial review continues to apply.
[ 1999 c 42 § 625; 1993 c 339 § 4.]
NOTES:
Effective date—1999 c 42: See RCW 11.96A.902.
Severability—1993 c 339: See note following RCW 11.98.200.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.230 - Beneficiary trustee—Income under marital deduction—Spousal power of appointment.

RCW 11.98.230
Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
Notwithstanding any provision of RCW 11.98.200 through 11.98.240 seemingly to the contrary, RCW 11.98.200 through 11.98.240 do not limit or restrict the distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections requiring that all income be distributed to the spouse of the decedent or of the trustor at least annually, whether or not an election was in fact made under section 2056(b)(7) or 2523(f) of the Internal Revenue Code. Further, RCW 11.98.200 through 11.98.240 do not limit or restrict the power of a spouse of the trustor or the spouse of the decedent to exercise a power of appointment described in section 2056(b)(5) or 2523(e) of the Internal Revenue Code with respect to that portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code sections.
[ 1993 c 339 § 5.]
NOTES:
Severability—1993 c 339: See note following RCW 11.98.200.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.900 - Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.

RCW 11.98.900
Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
(1) The provisions of RCW 11.98.130 through 11.98.160 are applicable to any instrument purporting to create a trust regardless of the date such instrument bears, unless it has been previously adjudicated in the courts of this state.
(2) To the extent that this chapter is in conflict with RCW 11.68.090, RCW 11.68.090 prevails.
[ 2021 c 140 § 4023; 1985 c 30 § 60. Prior: 1984 c 149 § 93; 1971 ex.s. c 229 § 1; 1965 c 145 § 11.98.050; prior: 1959 c 146 § 5. Formerly RCW 11.98.050.]
NOTES:
Application—2021 c 140 §§ 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
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.
Effective date—1959 c 146: The effective date of 1959 c 146, herein reenacted by 1965 c 145 § 11.98.050, was midnight June 10, 1959, see preface 1959 session laws.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.920 - Short title.

RCW 11.98.920
Short title.
This act shall be known as the "Washington Trust Act."
[ 1985 c 30 § 62. Prior: 1959 c 124 § 12. Formerly RCW 30.99.910.]
NOTES:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98 - Trusts. › 11.98.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 11.98.930
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 39.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.010 - Definitions.

RCW 11.98B.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of this state other than this chapter pertaining to trusts.
(2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.
(3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.
(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(5) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in RCW 11.98B.030(2).
(6) "Settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
(8) "Terms of a trust" means:
(a) Except as otherwise provided in (b) of this subsection, 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 chapter 11.96A RCW.
(9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
(10) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
[ 2020 c 303 § 2.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.020 - Applicability—Principal place of administration.

RCW 11.98B.020
Applicability—Principal place of administration.
(1) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:
(a) If the trust was created before January 1, 2021, this chapter applies only to a decision or action occurring on or after January 1, 2021.
(b) If the principal place of administration of the trust is changed to this state on or after January 1, 2021, this chapter applies only to a decision or action occurring on or after the date of the change.
(2) 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:
(a) A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;
(b) A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or
(c) All or part of the administration occurs in the designated jurisdiction.
[ 2020 c 303 § 3.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.030 - Applicability—Exclusions—Power of appointment.

RCW 11.98B.030
Applicability—Exclusions—Power of appointment.
(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
(2) This chapter does not apply to a:
(a) Power of appointment;
(b) Power to appoint or remove a trustee or trust director;
(c) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(d) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(i) The beneficiary; or
(ii) Another beneficiary represented by the beneficiary with respect to the exercise or nonexercise of the power; or
(e) Power over a trust if:
(i) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(ii) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal internal revenue code of 1986, as amended, as of January 1, 2021.
(3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
[ 2020 c 303 § 5.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.040 - Common law and principles of equity supplement.

RCW 11.98B.040
Common law and principles of equity supplement.
The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
[ 2020 c 303 § 4.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.050 - Trust director—Power of direction.

RCW 11.98B.050
Trust director—Power of direction.
(1) Subject to RCW 11.98B.060, the terms of a trust may grant a power of direction to a trust director.
(2) Unless the terms of a trust provide otherwise:
(a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1) of this section; and
(b) Trust directors with joint powers must act by majority decision.
[ 2020 c 303 § 6.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.060 - Trust director—Power of direction—Limitations.

RCW 11.98B.060
Trust director—Power of direction—Limitations.
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a) regarding:
(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the social security act, 42 U.S.C. Sec. 1396p(d)(4)(A), as amended, as of January 1, 2021; and
(2) A charitable interest in the trust.
[ 2020 c 303 § 7.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.070 - Trust director—Duties and liability.

RCW 11.98B.070
Trust director—Duties and liability.
(1) Subject to subsection (2) of this section, with respect to a power of direction or further power under RCW 11.98B.050(2)(a):
(a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(i) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(ii) 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
(b) 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.
(2) 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.
(3) 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.
[ 2020 c 303 § 8.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.080 - Directed trustee—Duties and liability.

RCW 11.98B.080
Directed trustee—Duties and liability.
(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a), and the trustee is not liable for the action.
(2) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a) to the extent that by complying the trustee would engage in willful misconduct.
(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a) The breach involved the trustee's or other director's willful misconduct;
(b) The release was induced by improper conduct of the trustee or other director in procuring the release; or
(c) At the time of the release, the director did not know the material facts relating to the breach.
(4) A directed trustee that has reasonable doubt about its duty under this section may petition the superior court for instructions in the county where venue lies for the trust under RCW 11.96A.050.
(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
[ 2020 c 303 § 9.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.090 - Duty to provide information to trust director or trustee.

RCW 11.98B.090
Duty to provide information to trust director or trustee.
(1) Subject to RCW 11.98B.100, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
(a) The powers or duties of the trustee; and
(b) The powers or duties of the director.
(2) Subject to RCW 11.98B.100, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
(a) The powers or duties of the director; and
(b) The powers or duties of the trustee or other director.
(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
[ 2020 c 303 § 10.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.100 - No duty to monitor, inform, or advise trust director or trustee.

RCW 11.98B.100
No duty to monitor, inform, or advise trust director or trustee.
(1) Unless the terms of a trust provide otherwise:
(a) A trustee does not have a duty to:
(i) Monitor a trust director; or
(ii) 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
(b) By taking an action described in (a) of this subsection, a trustee does not assume the duty excluded by (a) of this subsection.
(2) Unless the terms of a trust provide otherwise:
(a) A trust director does not have a duty to:
(i) Monitor a trustee or another trust director; or
(ii) 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
(b) By taking an action described in (a) of this subsection, a trust director does not assume the duty excluded by (a) of this subsection.
[ 2020 c 303 § 11.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.110 - Application to cotrustee.

RCW 11.98B.110
Application to cotrustee.
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 RCW 11.98B.080 through 11.98B.100.
[ 2020 c 303 § 12.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.120 - Trust director—Action against—Limitation.

RCW 11.98B.120
Trust director—Action against—Limitation.
(1) An action against a trust director for breach of trust must be commenced within the same limitation period under RCW 11.96A.070 as for an action for breach of trust against a trustee in a like position and under similar circumstances.
(2) 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 RCW 11.96A.070 in an action for breach of trust against a trustee in a like position and under similar circumstances.
[ 2020 c 303 § 13.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.130 - Trust director—Action against—Defenses.

RCW 11.98B.130
Trust director—Action against—Defenses.
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
[ 2020 c 303 § 14.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.140 - Trust director—Personal jurisdiction.

RCW 11.98B.140
Trust director—Personal jurisdiction.
(1) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.
(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
[ 2020 c 303 § 15.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.150 - Trust director—Rules applicable to trustees apply.

RCW 11.98B.150
Trust director—Rules applicable to trustees apply.
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(1) Acceptance;
(2) Giving of bond to secure performance;
(3) Reasonable compensation;
(4) Resignation;
(5) Removal; and
(6) Vacancy and appointment of successor.
[ 2020 c 303 § 16.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.900 - Uniformity of application and construction.

RCW 11.98B.900
Uniformity of application and construction.
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.
[ 2020 c 303 § 17.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.901 - Relation to electronic signatures in global and national commerce act.

RCW 11.98B.901
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
[ 2020 c 303 § 18.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.98B - Uniform Directed Trust Act. › 11.98B.902 - Effective date—2020 c 303.

RCW 11.98B.902
Effective date—2020 c 303.
This act takes effect January 1, 2021.
[ 2020 c 303 § 20.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.99 - Construction. › 11.99.010 - Effective date of title.

RCW 11.99.010
Effective date of title.
This title shall take effect and be in force on and after the first day of July, 1967; except that sections 11.44.055, 11.44.065, 11.44.070 and 11.44.080 shall take effect on July 1, 1965, and the repeal of the following acts or parts of acts as listed in section 11.99.015 shall also take effect on July 1, 1965, to wit: In subsection (10), section 1444, Code of 1881; in subsection (47), section 95, chapter 156, Laws of 1917; in subsection (48), section 1, chapter 23, Laws of 1919; in subsection (64), section 1, chapter 112, Laws of 1929; in subsection (66), section 123, chapter 180, Laws of 1935; in subsection (71), section 8, chapter 202, Laws of 1939; and in subsection (111), section 83.16.040, chapter 15, Laws of 1961. Except as above provided the procedures herein prescribed shall govern all proceedings in probate brought after the effective date of the title and, also, all further procedure and proceedings in probate then pending, except to the extent that in the opinion of the court their application in particular proceedings or part thereof would not be feasible or would work injustice, in which event the former procedure shall apply.
[ 1965 c 145 § 11.99.010.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.99 - Construction. › 11.99.013 - Headings not part of law.

RCW 11.99.013
Headings not part of law.
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1965 c 145 § 11.99.013.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.99 - Construction. › 11.99.020 - Savings clause—Rights not affected.

RCW 11.99.020
Savings clause—Rights not affected.
No act done in any proceeding commenced before this title takes effect and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute in force before this title takes effect, such provisions shall remain in force and be deemed a part of this code with respect to such right.
[ 1965 c 145 § 11.99.020.]
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.100 - Investment of Trust Funds. › 11.100.010 - Provisions of chapter to control—Alteration by controlling instrument.

RCW 11.100.010
Provisions of chapter to control—Alteration by controlling instrument.
Any corporation, association, or person handling or investing trust funds as a fiduciary shall be governed in the handling and investment of such funds as in this chapter specified. A fiduciary who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with requirements of this chapter. The specific requirements of this chapter may be expanded, restricted, eliminated, or otherwise altered by provisions of the controlling instrument.
[ 1995 c 307 § 1; 1985 c 30 § 63. Prior: 1955 c 33 § 30.24.010; prior: 1947 c 100 § 1; Rem. Supp. 1947 § 3255-10a. Formerly RCW 30.24.010.]
NOTES:
Application—1995 c 307: "This act applies prospectively only and not retroactively." [ 1995 c 307 § 7.]
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.100 - Investment of Trust Funds. › 11.100.015 - Guardians, guardianships and funds are subject to chapter.

RCW 11.100.015
Guardians, guardianships and funds are subject to chapter.
In addition to other fiduciaries, a guardian of any estate is a fiduciary within the meaning of this chapter; and in addition to other trusts, a guardianship of any estate is a trust within the meaning of this chapter; and in addition to other trust funds, guardianship funds are trust funds within the meaning of this chapter.
[ 1985 c 30 § 64. Prior: 1955 c 33 § 30.24.015; prior: 1951 c 218 § 1. Formerly RCW 30.24.015.]
NOTES:
Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.100 - Investment of Trust Funds. › 11.100.020 - Management of trust assets by fiduciary.

RCW 11.100.020
Management of trust assets by fiduciary.
(1) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(2) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
(3) Among the circumstances that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries:
(a) General economic conditions;
(b) The possible effect of inflation or deflation;
(c) The expected tax consequences of investment decisions or strategies;
(d) The role that each investment or course of action plays within the overall portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;
(e) The expected total return from income and the appreciation of capital;
(f) Other resources of the beneficiaries;
(g) Needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(h) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.
(4) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.
(5) A trustee may invest in any kind of property or type of investment consistent with the standards of this section.
(6) A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, has a duty to use those special skills or expertise.
[ 2015 c 115 § 18; 1995 c 307 § 2; 1985 c 30 § 65. Prior: 1984 c 149 § 97; 1955 c 33 § 30.24.020; prior: 1947 c 100 § 2; Rem. Supp. 1947 § 3255-10b. Formerly RCW 30.24.020.]
NOTES:
Application—1995 c 307: See note following RCW 11.100.010.
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.
Endowment care funds to be invested in accordance with RCW 11.100.020: RCW 68.44.030.
2023 Revised Code of Washington › Title 11 - Probate and Trust Law › Chapter 11.100 - Investment of Trust Funds. › 11.100.023 - Authority of fiduciary to invest in certain enterprises.

RCW 11.100.023
Authority of fiduciary to invest in certain enterprises.
Subject to the standards of RCW 11.100.020, a fiduciary is authorized to invest in new, unproven, untried, or other enterprises with a potential for significant growth whether producing a current return, either by investing directly therein or by investing as a limited partner or otherwise in one or more commingled funds which in turn invest primarily in such enterprises. The aggregate amount of investments held by a fiduciary under the authority of this section valued at cost shall not exceed ten percent of the net fair market value of the trust corpus, including investments made under the authority of this section valued at fair market value, immediately after any such investment is made. Any investment which would have been authorized by this section if in force at the time the investment was made is hereby authorized.
[ 1985 c 30 § 66. Prior: 1984 c 149 § 98.]
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.