reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1110. Determination of incapacity; effect

§ 19–1110. Determination of incapacity; effect.
(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if:
(1) The custodial trust was created under section 19-1105;
(2) The transferor has so directed in the instrument creating the custodial trust; or
(3) The custodial trustee has determined that the beneficiary is incapacitated.
(b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon:
(1) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney;
(2) The certificate of the beneficiary’s physician; or
(3) Other persuasive evidence.
(c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary’s incapacity has ceased, or that circumstances concerning the beneficiary’s ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
(d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
(e) Absent determination of incapacity of the beneficiary under subsection (b) or (d) of this section, a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary.
(f) Incapacity of a beneficiary does not terminate the custodial trust, any designation of a successor custodial trustee, rights or powers of the custodial trustee, or any immunities of third persons acting on instructions of the custodial trustee.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1111. Exemption of third person from liability

§ 19–1111. Exemption of third person from liability.
A third person, in good faith and without a court order, may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining:
(1) The validity of the purported custodial trustee’s designation;
(2) The propriety of, or the authority under this chapter for, any action of the purported custodial trustee;
(3) The validity or propriety of an instrument executed or instruction given pursuant to this chapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or
(4) The propriety of the application of property vested in the purported custodial trustee.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1112. Liability to third person

§ 19–1112. Liability to third person.
(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
(b) A custodial trustee is not personally liable to a third person:
(1) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or
(2) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.
(c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.
(d) Subsections (b) and (c) of this section do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1114. Expenses, compensation, and bond of custodial trustee

§ 19–1114. Expenses, compensation, and bond of custodial trustee.
Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee:
(1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;
(2) Has a noncumulative election, to be made no later than 6 months after the end of each calendar year, to charge a reasonable compensation for fiduciary services performed during that year; and
(3) Need not furnish a bond or other security for the faithful performance of fiduciary duties.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1115. Reporting and accounting by custodial trustee; determination of liability of custodial trustee

§ 19–1115. Reporting and accounting by custodial trustee; determination of liability of custodial trustee.
(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property once each year, upon request at reasonable times by the beneficiary or the beneficiary’s legal representative, upon resignation or removal of the custodial trustee, and upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary’s legal representative, if any. Upon termination of the beneficiary’s interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered.
(b) A beneficiary, the beneficiary’s legal representative, an adult member of the beneficiary’s family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee’s legal representative.
(c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.
(d) In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee’s legal representative to account. The custodial trustee or the custodial trustee’s legal representative may petition the court for approval of final accounts.
(e) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.
(f) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
Section References
This section is referenced in § 19-1106.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1116. Limitations of action against custodial trustee

§ 19–1116. Limitations of action against custodial trustee.
(a) Except as provided in subsection (c) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:
(1) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 2 years after receipt of the final account or statement; or
(2) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within 3 years after the termination of the custodial trust.
(b) Except as provided in subsection (c) of this section, a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within 7 years after the termination of the custodial trust.
(c) A claim for relief is not barred by this section if the claimant:
(1) Is a minor, until the earlier of 2 years after the claimant becomes an adult or dies;
(2) Is an incapacitated adult, until the earliest of 2 years after the appointment of a conservator, the removal of the incapacity, or the death of the claimant; or
(3) Was an adult, now deceased, who was not incapacitated, until 2 years after the claimant’s death.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1117. Distribution on termination

§ 19–1117. Distribution on termination.
(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(1) To the beneficiary, if not incapacitated or deceased;
(2) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(3) Upon the beneficiary’s death, in the following order:
(A) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
(B) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 19-1106;
(C) As designated in the instrument creating the custodial trust; or
(D) To the estate of the deceased beneficiary.
(b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1119. Applicable law

§ 19–1119. Applicable law.
(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in the District of Columbia or custodial trust property is located in the District of Columbia. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from the District of Columbia.
(b) A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in the District of Columbia.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1120. Uniformity of application and construction

§ 19–1120. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.01. Short title

§ 19–1301.01. Short title.
This chapter may be cited as the “Uniform Trust Code”.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 101 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.02. Scope

§ 19–1301.02. Scope.
This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 102 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.04. Knowledge

§ 19–1301.04. Knowledge.
(a) Subject to subsection (b) of this section, a person has knowledge of a fact if the person:
(1) Has actual knowledge of it;
(2) Has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual’s regular duties or the individual knows a matter involving the trust would be materially affected by the information.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 104 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.06. Common law of trusts; principles of equity

§ 19–1301.06. Common law of trusts; principles of equity.
The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of the District of Columbia.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 106 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.07. Governing law

§ 19–1301.07. Governing law.
The meaning and effect of the terms of a trust are determined by:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction’s law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 107 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.08. Principal place of administration

§ 19–1301.08. Principal place of administration.
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
(1) A trustee’s principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
(2) All or part of the administration occurs in the designated jurisdiction.
(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b) of this section, may transfer the trust’s principal place of administration to another State or to a jurisdiction outside of the United States.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust’s principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:
(1) The name of the jurisdiction to which the principal place of administration is to be transferred;
(2) The address and telephone number at the new location at which the trustee can be contacted;
(3) An explanation of the reasons for the proposed transfer;
(4) The date on which the proposed transfer is anticipated to occur; and
(5) The date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this section to transfer a trust’s principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f) In connection with a transfer of the trust’s principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 19-1307.04.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 108 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.09. Methods and waiver of notice

§ 19–1301.09. Methods and waiver of notice.
(a) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person’s last known place of residence or place of business, or a properly directed electronic message.
(b) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 109 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.10. Others treated as qualified beneficiaries

§ 19–1301.10. Others treated as qualified beneficiaries.
(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 19-1304.08 or section 19-1304.09 has the rights of a qualified beneficiary under this chapter.
(c) The Corporation Counsel of the District of Columbia has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in the District of Columbia.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 110 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter I - General Provisions and Definitions › § 19–1301.11. Nonjudicial settlement agreements

§ 19–1301.11. Nonjudicial settlement agreements.
(a) For the purposes of this section, the term “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in subsection (c) of this section, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement include:
(1) The interpretation or construction of the terms of the trust;
(2) The approval of a trustee’s report or accounting;
(3) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4) The resignation or appointment of a trustee and the determination of a trustee’s compensation;
(5) Transfer of a trust’s principal place of administration; and
(6) Liability of a trustee for an action relating to the trust.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in subchapter III of this chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 111 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter II - Judicial Proceedings › § 19–1302.01. Role of court in administration of trust

§ 19–1302.01. Role of court in administration of trust.
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b) A trust is not subject to continuing judicial supervision unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust’s administration, including a request for instructions and an action to declare rights.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 201 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter II - Judicial Proceedings › § 19–1302.02. Jurisdiction over trustee and beneficiary

§ 19–1302.02. Jurisdiction over trustee and beneficiary.
(a) By accepting the trusteeship of a trust having its principal place of administration in the District of Columbia or by moving the principal place of administration to the District of Columbia, the trustee submits personally to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in the District of Columbia are subject to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of the District of Columbia regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from 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 § 202 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter III - Representation › § 19–1303.01. Representation: basic effect

§ 19–1303.01. Representation: basic effect.
(a) Notice to a person who may represent and bind another person under this subchapter has the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation by notifying the trustee or the representative before the consent would otherwise have become effective.
(c) Except as otherwise provided in sections 19-1304.11 and 19-1306.02, a person who under this subchapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor’s behalf.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 301 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter III - Representation › § 19–1303.02. Representation by holder of general testamentary power of appointment

§ 19–1303.02. Representation by holder of general testamentary power of appointment.
The holder of a power of appointment may represent and bind persons whose interests as permissible appointees or takers in default are subject to the power. A qualified power of appointment is a power exercisable in favor of:
(1) The power holder, the power holder’s estate, the power holder’s creditors and the creditors of the power holder’s estate; or
(2) All persons other than the power holder, the power holder’s estate, the power holder’s creditors, and the creditors of the power holder’s estate.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 302 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter III - Representation › § 19–1303.03. Representation by fiduciaries and parents

§ 19–1303.03. Representation by fiduciaries and parents.
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) A conservator may represent and bind the estate that the conservator controls;
(2) A guardian may represent and bind the ward if a conservator of the ward’s estate has not been appointed;
(3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(4) A trustee may represent and bind the beneficiaries of the trust;
(5) A personal representative of a decedent’s estate may represent and bind persons interested in the estate;
(6) A parent may represent and bind the parent’s minor or unborn child if a conservator or guardian for the child has not been appointed;
(7) An individual may represent a grandchild or a more remote descendent, whether born or unborn, whom a parent may not represent and bind under paragraph (6) of this subsection; and
(8) A qualified beneficiary may represent and bind any beneficiary who may succeed to the qualified beneficiary’s interest under the terms of the trust or pursuant to the exercise of a power of appointment.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 303 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter III - Representation › § 19–1303.04. Representation by person having substantially identical interest

§ 19–1303.04. Representation by person having substantially identical interest.
Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with respect to the particular question or dispute.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 304 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter III - Representation › § 19–1303.05. Appointment of representative

§ 19–1303.05. Appointment of representative.
(a) If the court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
(b) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual’s family.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 305 of the Uniform Trust Code.
2023 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 › § 19–1304.01. Methods of creating trust

§ 19–1304.01. Methods of creating trust.
A trust may be created by:
(1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee;
(3) Exercise of a power of appointment in favor of a trustee; or
(4) A court for the benefit of an individual in lieu of a transfer of property to a conservatorship or guardianship pursuant to Chapter 1 or subchapter VI of Chapter 20 of Title 21 of the District of Columbia Official Code.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 401 of the Uniform Trust Code.
2023 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 › § 19–1304.02. Requirements for creation

§ 19–1304.02. Requirements for creation.
(a) A trust is created only if:
(1) The settlor has capacity to create a trust;
(2) The settlor indicates an intention to create the trust;
(3) The trust has a definite beneficiary or is:
(A) A charitable trust;
(B) A trust for the care of an animal, as provided in section 19-1304.08; or
(C) A trust for a noncharitable purpose, as provided in section 19-1304.09;
(4) The trustee has duties to perform; and
(5) The same person is not the sole trustee and sole beneficiary.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 402 of the Uniform Trust Code.
2023 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 › § 19–1304.03. Trusts created in other jurisdictions

§ 19–1304.03. Trusts created in 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:
(1) The settlor was domiciled, had a place of abode, or was a national;
(2) A trustee was domiciled or had a place of business; or
(3) Any trust property was located.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 403 of the Uniform Trust Code.
2023 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 › § 19–1304.04. Trust purposes

§ 19–1304.04. Trust purposes.
A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 404 of the Uniform Trust Code.
2023 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 › § 19–1304.05. Charitable purposes; enforcement

§ 19–1304.05. Charitable purposes; enforcement.
(a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
(b) If the terms of a charitable trust do not indicate or otherwise provide for the selection of a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intention to the extent it can be ascertained.
(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1301.03.
Editor's Notes
Uniform Law: This section is based upon § 405 of the Uniform Trust Code.
2023 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 › § 19–1304.06. Creation of trust induced by fraud, duress, or undue influence

§ 19–1304.06. Creation of trust induced by fraud, duress, or undue influence.
A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 406 of the Uniform Trust Code.
2023 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 › § 19–1304.07. Evidence of oral trust

§ 19–1304.07. Evidence of oral trust.
Except as required by a statute other than this chapter, 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 and convincing evidence.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 407 of the Uniform Trust Code.
2023 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 › § 19–1304.08. Trust for care of animal

§ 19–1304.08. Trust for care of animal.
(a) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.
(b) 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. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c) 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 settlor, if then living, otherwise to the settlor’s successors in interest.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1301.10, § 19-1304.02, and § 19-1304.09.
Editor's Notes
Uniform Law: This section is based upon § 408 of the Uniform Trust Code.
2023 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 › § 19–1304.09. Noncharitable trust without ascertainable beneficiary

§ 19–1304.09. Noncharitable trust without ascertainable beneficiary.
Except as otherwise provided in section 19-1304.08 or by D.C. Official Code § 43-113, 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 more than 21 years.
(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.
(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 settlor, if then living, otherwise to the settlor’s successors in interest.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1301.10 and § 19-1304.02.
Editor's Notes
Uniform Law: This section is based upon § 409 of the Uniform Trust Code.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.
2023 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

§ 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.