reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.06. Effect of registration in beneficiary form

§ 19–603.06. Effect of registration in beneficiary form.
The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 306 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.07. Ownership on death of owner

§ 19–603.07. Ownership on death of owner.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Section References
This section is referenced in § 19-603.08.
Editor's Notes
Uniform Law: This section is based upon § 307 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.08. Protection of registering entity

§ 19–603.08. Protection of registering entity.
(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this subchapter.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this subchapter.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 19-603.07 and does so in good faith reliance (1) on the registration, (2) on this subchapter, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this subchapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this subchapter.
(d) The protection provided by this subchapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 308 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.09. Nontestamentary transfer on death

§ 19–603.09. Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this subchapter and is not testamentary.
(b) This subchapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of the District.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 309 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.10. Terms, conditions, and forms for registration

§ 19–603.10. Terms, conditions, and forms for registration.
(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (1) for registrations in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
(2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 310 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.11. Application of subchapter

§ 19–603.11. Application of subchapter.
This subchapter applies to registrations of securities in beneficiary form made before or after the effective date of this act [April 27, 2001], by decedents dying on or after the effective date of this act [April 27, 2001].
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 405 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.01. Short title

§ 19–604.01. Short title.
This subchapter may be cited as the “Uniform Real Property Transfer on Death Act”.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.02. Definitions

§ 19–604.02. Definitions.
For the purposes of this subchapter, the term:
(1) “Beneficiary” means a person that receives property under a transfer on death deed.
(2) “Designated beneficiary” means a person designated to receive property in a transfer on death deed.
(3) “Joint owner” means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term “joint owner” includes a joint tenant and tenancy by the entirety. The term “joint owner” does not include a tenancy in common.
(4) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.
(5) “Property” means an interest in real property located in the District of Columbia, which is transferable on the death of the owner.
(6) “Transfer on death deed” means a deed authorized under this subchapter.
(7) “Transferor” means an individual who makes a transfer on death deed.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.03. Applicability

§ 19–604.03. Applicability.
This subchapter applies to a transfer on death deed made before, on, or after the effective date of this subchapter by a transferor dying on or after the effective date of this subchapter.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.04. Nonexclusivity

§ 19–604.04. Nonexclusivity.
This subchapter does not affect any method of transferring property otherwise permitted under the law of the District of Columbia.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.05. Transfer on death deed authorized

§ 19–604.05. Transfer on death deed authorized.
An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.06. Transfer on death deed revocable

§ 19–604.06. Transfer on death deed revocable.
A transfer on death deed is revocable under § 19-604.11 even if the deed or another instrument contains a contrary provision.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.07. Transfer on death deed nontestamentary

§ 19–604.07. Transfer on death deed nontestamentary.
A transfer on death deed is nontestamentary.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.08. Capacity of transferor

§ 19–604.08. Capacity of transferor.
The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.09. Requirements

§ 19–604.09. Requirements.
(a) Except as provided in subsection (b) of this section, a transfer on death deed shall contain the essential elements and formalities of a properly recordable inter vivos deed.
(b) A transfer on death deed shall state that the transfer to the designated beneficiary is to occur at the transferor’s death.
(c) A transfer on death deed shall be recorded before the transferor’s death in the Office of Recorder of Deeds.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.10. Notice, delivery, acceptance, consideration not required

§ 19–604.10. Notice, delivery, acceptance, consideration not required.
A transfer on death deed is effective without:
(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor’s life; or
(2) Consideration.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.11. Revocation by instrument authorized; revocation by act not permitted

§ 19–604.11. Revocation by instrument authorized; revocation by act not permitted.
(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(1) Is one of the following:
(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(B) An instrument of revocation that expressly revokes the deed or part of the deed; or
(C) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the public records in the Office of the Recorder of Deeds.
(b) If a transfer on death deed is made by more than one transferor:
(1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and
(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.
(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(d) This section does not limit the effect of an inter vivos transfer of the property.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
Section References
This section is referenced in § 19-604.06.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.12. Effect of transfer on death deed during transferor’s life

§ 19–604.12. Effect of transfer on death deed during transferor’s life.
During a transferor’s life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4) Affect the transferor’s or designated beneficiary’s eligibility for any form of public assistance;
(5) Create a legal or equitable interest in favor of the designated beneficiary; or
(6) Subject the property to claims or process of a creditor of the designated beneficiary.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.13. Effect of transfer on death deed at transferor’s death

§ 19–604.13. Effect of transfer on death deed at transferor’s death.
(a) Except as otherwise provided in the transfer on death deed, in this section, or in § 16-910, § 18-308, § 19-320, § 19-502, or in Chapter 1 of Title 19, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(1) Subject to paragraph (2) of this section, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest lapses if a designated beneficiary fails to survive the transferor.
(3) Subject to paragraph (4) of this section, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
(4) If the transferor has identified 2 or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
(b) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this subsection, the recording of the transfer on death deed is deemed to have occurred at the transferor’s death.
(c) If a transferor is a joint owner and is survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship.
(d) If a transferor is a joint owner and is the last surviving joint owner, the transfer-on death-deed is effective.
(e) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.14. Disclaimer

§ 19–604.14. Disclaimer.
A beneficiary may disclaim all or part of the beneficiary’s interest as provided by Chapter 15 of this title.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.15. Liability for creditor claims and statutory allowances

§ 19–604.15. Liability for creditor claims and statutory allowances.
A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor’s probate estate and statutory allowances to a surviving spouse and children to the extent provided in § 19-601.02.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.17. Optional form of revocation

§ 19–604.17. Optional form of revocation.
The following form may be used to create an instrument of revocation under this subchapter. The other sections of this subchapter govern the effect of this or any other instrument used to revoke a transfer on death deed.
(front of form)
REVOCATION OF TRANSFER ON DEATH DEED
NOTICE TO OWNER
This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
........................................................................
Printed name Mailing address
........................................................................
Printed name Mailing address
Legal description of the property:
........................................................................
REVOCATION
I revoke all my previous transfers of this property by transfer on death deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
.................................................. [(SEAL)] ......................
Signature Date
.................................................. [(SEAL)] ......................
Signature Date
ACKNOWLEDGMENT
(insert acknowledgment here)
(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
How do I use this form to revoke a Transfer on Death (“TOD”) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the Office of the Recorder of Deeds. The form must be acknowledged and recorded before your death or it has no effect.
How do I find the “legal description” of the property? This information may be on the TOD deed. It may also be available in the Office of the Recorder of Deeds. If you are not absolutely sure, consult a lawyer.
How do I “record” the form? Take the completed and acknowledged form to the Office of the Recorder of Deeds. Follow the instructions given by the Recorder of Deeds to make the form part of the official property records.
I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.
I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.18. Uniformity of application and construction

§ 19–604.18. 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 the states that enact it.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter IV - Uniform Real Property Transfers On Death › § 19–604.19. Relation to Electronic Signatures in Global and National Commerce Act

§ 19–604.19. Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) (“Electronic Signatures Act”), but does not modify, limit, or supersede section 101(c) of the Electronic Signatures Act, or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures Act.
(Mar. 19, 2013, D.C. Law 19-230, § 2(b), 59 DCR 13606.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 9 - Statutory Rule Against Perpetuities; Uniform Law › § 19–901. Statutory rule against perpetuities

§ 19–901. Statutory rule against perpetuities.
(a) A nonvested property interest is invalid unless:
(1) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or
(2) The interest either vests or terminates within 90 years after its creation.
(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or
(2) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or
(2) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1) of this section, the possibility that a child will be born to an individual after the individual’s death is disregarded.
(e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust beyond, (2) seeks to postpone the vesting or termination of any interest or trust until, or (3) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement, that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.
(Apr. 27, 2001, D.C. Law 13-292, § 402(b), 48 DCR 2087.)
Section References
This section is referenced in § 19-506, § 19-902, § 19-903, and § 19-904.
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Statutory Rule Against Perpetuities Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 9 - Statutory Rule Against Perpetuities; Uniform Law › § 19–902. When nonvested property interest or power of appointment is created

§ 19–902. When nonvested property interest or power of appointment is created.
(a) Except as provided in subsections (b) and (c) of this section and in section 19-905(a), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b) For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 19-901(b) or (c), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
(Apr. 27, 2001, D.C. Law 13-292, § 402(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Statutory Rule Against Perpetuities Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 9 - Statutory Rule Against Perpetuities; Uniform Law › § 19–903. Reformation

§ 19–903. Reformation.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by section 19-901(a)(2) , (b)(2), or (c)(2) if:
(1) A nonvested property interest or a power of appointment becomes invalid under section 19-901;
(2) A class gift is not but might become invalid under section 19-901 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by section 19-901(a)(1) can vest but not within 90 years after its creation.
(Apr. 27, 2001, D.C. Law 13-292, § 402(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Statutory Rule Against Perpetuities Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 9 - Statutory Rule Against Perpetuities; Uniform Law › § 19–905. Prospective application

§ 19–905. Prospective application.
(a) Except as extended by subsection (b) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this chapter [April 27, 2001]. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before the effective date of this chapter [April 27, 2001] and is determined in a judicial proceeding, commenced on or after the effective date of this chapter [April 27, 2001], to violate the District of Columbia’s rule against perpetuities as that rule existed before the effective date of this chapter [April 27, 2001], a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
(Apr. 27, 2001, D.C. Law 13-292, § 402(b), 48 DCR 2087.)
Section References
This section is referenced in § 19-902.
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Statutory Rule Against Perpetuities Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 9 - Statutory Rule Against Perpetuities; Uniform Law › § 19–906. Supersession

§ 19–906. Supersession.
This chapter supersedes the rule of the common law known as the rule against perpetuities.
(Apr. 27, 2001, D.C. Law 13-292, § 402(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Statutory Rule Against Perpetuities Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 9 - Statutory Rule Against Perpetuities; Uniform Law › § 19–907. Uniformity of application and construction

§ 19–907. Uniformity of application and construction.
In applying and construing this Uniform Act [this chapter], consideration must be given to the need to promote uniformity of the law with respect to the subject matter among states enacting it.
(Apr. 27, 2001, D.C. Law 13-292, § 402(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Statutory Rule Against Perpetuities Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1101. Definitions

§ 19–1101. Definitions.
For the purposes of this chapter, the term:
(1) “Adult” means an individual who is at least 18 years of age.
(2) “Beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual’s use and benefit under this chapter.
(3) “Conservator” means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions.
(4) “Court” means the Superior Court of the District of Columbia.
(5) “Custodial trust property” means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest.
(6) “Custodial trustee” means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated.
(6A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
(7) “Guardian” means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem.
(8) “Incapacitated” means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause.
(9) “Legal representative” means a personal representative or conservator.
(10) “Member of the beneficiary’s family” means a beneficiary’s spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) “Person” means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
(12) “Personal representative” means an executor, administrator, or special administrator of a decedent’s estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.
(13) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(14) “Transferor” means a person who creates a custodial trust by transfer or declaration.
(15) “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092; Sept. 12, 2008, D.C. Law 17-231, § 21(a), 55 DCR 6758.)
Effect of Amendments
D.C. Law 17-231 added par. (6A).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1102. Custodial trust; general

§ 19–1102. Custodial trust; general.
(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under this chapter.
(b) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under this chapter. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
(d) Except as provided in subsection (e) of this section, a transferor may not terminate a custodial trust.
(e) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter.
(g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
(h) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
Section References
This section is referenced in § 19-1113 and § 19-1118.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1103. Custodial trustee for future payment or transfer

§ 19–1103. Custodial trustee for future payment or transfer.
(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: “as custodial trustee for (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act.”
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(b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
(c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. If the designation is not made in one of the foregoing ways, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right in order to be effective.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
Section References
This section is referenced in § 19-1105 and § 19-1113.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1104. Form and effect of receipt and acceptance by custodial trustee; jurisdiction

§ 19–1104. Form and effect of receipt and acceptance by custodial trustee; jurisdiction.
(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee’s acceptance, express or implied, of the custodial trust property.
(b) The custodial trustee’s acceptance may be evidenced by a writing stating in substance:
CUSTODIAL TRUSTEE’S RECEIPT AND ACCEPTANCE
I, ______ (name of custodial trustee), acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for ______ (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the District of Columbia’s Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ______.
Dated: ______
__________
(Signature of Custodial Trustee)
(c) Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to 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 › § 19–1105. Transfer to custodial trustee by fiduciary or obligor; facility of payment

§ 19–1105. Transfer to custodial trustee by fiduciary or obligor; facility of payment.
(a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 19-1103, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary’s family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court.
(b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
Section References
This section is referenced in § 19-1110.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1106. Multiple beneficiaries; separate custodial trusts; survivorship

§ 19–1106. Multiple beneficiaries; separate custodial trusts; survivorship.
(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses or domestic partners, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship.
(b) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
(c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to sections 19-1108 and 19-1115 for the administration of the custodial trust.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092; Sept. 12, 2008, D.C. Law 17-231, § 21(b), 55 DCR 6758.)
Section References
This section is referenced in § 19-1117.
Effect of Amendments
D.C. Law 17-231, in subsec. (a), substituted “spouses or domestic partners” for “husband and wife”.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1107. General duties of custodial trustee

§ 19–1107. General duties of custodial trustee.
(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
(b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee’s discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
(c) Subject to subsection (b) of this section, a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.
(d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: “as custodial trustee for (name of beneficiary) under the District of Columbia’s Uniform Custodial Trust Act.”
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(e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
(f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)
Section References
This section is referenced in § 19-1108.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 11 - Custodial Trusts; Uniform Law › § 19–1108. General powers of custodial trustee

§ 19–1108. General powers of custodial trustee.
(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
(b) This section does not relieve a custodial trustee from liability for a violation of section 19-1107.
(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 › § 19–1109. Use of custodial trust property

§ 19–1109. Use of custodial trust property.
(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary’s use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
(b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, at the time, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.
(c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
(July 23, 2002, D.C. Law 14-177, § 2(b), 49 DCR 5092.)