reglab/statecodes huggingface dataset:
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 › § 19–1304.14. Termination of uneconomic trust

§ 19–1304.14. Termination of uneconomic trust.
(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.
(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(d) This section does not apply to an easement for conservation or preservation.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 414 of the Uniform Trust Code.
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 › § 19–1304.15. Reformation to correct mistakes

§ 19–1304.15. Reformation to correct mistakes.
The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 415 of the Uniform Trust Code.
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 › § 19–1304.16. Modification to achieve settlor’s tax objectives

§ 19–1304.16. Modification to achieve settlor’s tax objectives.
To achieve the settlor’s tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor’s probable intention. The court may provide that the modification has retroactive effect.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 416 of the Uniform Trust Code.
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 › § 19–1304.17. Combination and division of trusts

§ 19–1304.17. Combination and division of trusts.
After notice to the qualified beneficiaries, a trustee may combine 2 or more trusts into a single trust or divide a trust into 2 or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1304.10 and § 19-1305.01.
Editor's Notes
Uniform Law: This section is based upon § 417 of the Uniform Trust Code.
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 › § 19–1304.18. Title of trust property

§ 19–1304.18. Title of trust property.
Real or personal property that is transferred to a trust may be titled in the name of:
(1) The trust by reference to the instrument creating the trust;
(2) The current trustee as the trustee of such trust; or
(3) “The trustee” as the trustee of such trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts › § 19–1305.01. Rights of beneficiary’s creditor or assignee

§ 19–1305.01. Rights of beneficiary’s creditor or assignee.
To the extent a beneficiary’s interest is not protected by a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. Whether or not a trust contains a spendthrift provision, the creditor of a beneficiary cannot exercise or compel the exercise of the beneficiary’s right to commerce, approve, or disapprove a proposed trust termination or modification under sections 19-1304.11 through 19-1304.16 , or trust combination or division under section 19-1304.17 .
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 501 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts › § 19–1305.02. Spendthrift provision

§ 19–1305.02. Spendthrift provision.
(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary’s interest.
(b) A term of a trust providing that the interest of a beneficiary is held subject to a “spendthrift trust,” or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.
(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this subchapter, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 502 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts › § 19–1305.03. Exceptions to spendthrift provision

§ 19–1305.03. Exceptions to spendthrift provision.
(a) For the purposes of this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or another State.
(b) Whether or not a trust contains a spendthrift provision, a beneficiary’s child, who has a judgment or court order against the beneficiary for support or maintenance, may obtain from a court an order attaching present or future distributions when payable under the terms of the trust to or for the benefit of the beneficiary.
(c) A spendthrift provision is unenforceable against a claim of the District of Columbia or the United States to the extent a statute of the District of Columbia or federal law so provides.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 503 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts › § 19–1305.04. Discretionary trusts; effect of standard [Reserved]

§ 19–1305.04. Discretionary trusts; effect of standard [Reserved]
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 504 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts › § 19–1305.06. Overdue distribution

§ 19–1305.06. Overdue distribution.
Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 506 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts › § 19–1305.07. Personal obligations of trustee

§ 19–1305.07. Personal obligations of trustee.
Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 507 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VI - Revocable Trusts › § 19–1306.01. Capacity of settlor of revocable trust

§ 19–1306.01. Capacity of settlor of revocable trust.
The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 601 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VI - Revocable Trusts › § 19–1306.02. Revocation or amendment of revocable trust

§ 19–1306.02. Revocation or amendment of revocable trust.
(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this chapter [March 10, 2004].
(b) If a revocable trust is created or funded by more than one settlor:
(1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;
(2) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution; and
(3) Upon the revocation or amendment of the trust by fewer than all of the settlers, the trustee shall promptly notify the other settlers of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
(1) By substantial compliance with a method provided in the terms of the trust; or
(2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by.
(A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or
(B) Any other method manifesting clear and convincing evidence of the settlor’s intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
(e) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.
(f) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.
(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1303.01 and § 21-2070.
Editor's Notes
Uniform Law: This section is based upon § 602 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VI - Revocable Trusts › § 19–1306.03. Settlor’s powers; powers of withdrawal

§ 19–1306.03. Settlor’s powers; powers of withdrawal.
(a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
(b) While a trust is not revocable, for so long as a person has a currently exercisable power of withdrawal over the entire principal of the trust, the duties of a trustee are owed exclusively to such person.
(c) While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary shall have the right to enforce the settlor’s intent to benefit the beneficiary during the settlor’s incapacity.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 603 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VI - Revocable Trusts › § 19–1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property

§ 19–1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property.
(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within the earliest of:
(1) One year after the settlor’s death;
(2) Ninety days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding; or
(3) Six months after the date of the first publication of notice of the trust’s existence, the name and address of each trustee and of the settlor, and the time allowed for commencing a proceeding, in the same manner as required for publication of notice of appointment of a personal representative, if the trustee sends a copy of the text of such notice, not later than 15 days after the date of its first publication, to each qualified beneficiary of the trust, heir of the decedent, and other person who would be an interested person within the meaning of section 20-101(d) if the trust were a will and who would have been required to be sent notice of the appointment of a personal representative under section 20-704 if a personal representative had been appointed.
(b) Upon the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 604 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.01. Accepting or declining trusteeship

§ 19–1307.01. Accepting or declining trusteeship.
(a) Except as otherwise provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship:
(1) By substantially complying with a method of acceptance provided in the terms of the trust; or
(2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.
(c) A person designated as trustee, without accepting the trusteeship, may:
(1) Act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to the designated cotrustee, or, if none, to the successor trustee, or, if none, to a distributee or permissible distributee; and
(2) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 701 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.02. Trustee’s bond

§ 19–1307.02. Trustee’s bond.
(a) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.
(b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.
(c) A regulated financial-service institution qualified to do trust business in the District of Columbia need not give bond, even if required by the terms of the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1301.05.
Editor's Notes
Uniform Law: This section is based upon § 702 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.03. Cotrustees

§ 19–1307.03. Cotrustees.
(a) Cotrustees who are unable to reach a unanimous decision may act by majority decision.
(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(c) A cotrustee must participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.
(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(e) A trustee may delegate to a cotrustee the performance of a function relating to management, investment, or trust administration, but may not delegate a decision to make a distribution. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.
(f) Except as otherwise provided in subsection (g) of this section, a trustee who does not join in an action of another trustee is not liable for the action.
(g) Each trustee shall exercise reasonable care to:
(1) Prevent a cotrustee from committing a serious breach of trust; and
(2) Compel a cotrustee to redress a serious breach of trust.
(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 703 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.04. Vacancy in trusteeship; appointment of successor

§ 19–1307.04. Vacancy in trusteeship; appointment of successor.
(a) A vacancy in a trusteeship occurs if:
(1) A person designated as trustee rejects the trusteeship;
(2) A person designated as trustee cannot be identified or does not exist;
(3) A trustee resigns;
(4) A trustee is disqualified or removed;
(5) A trustee dies; or
(6) A guardian or conservator is appointed for an individual serving as trustee.
(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:
(1) By a person designated pursuant to the terms of the trust to act as successor trustee;
(2) By a person appointed by unanimous agreement of the qualified beneficiaries; or
(3) By a person appointed by the court.
(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:
(1) By a person designated pursuant to the terms of the trust to act as successor trustee;
(2) By a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the Corporation Counsel of the District of Columbia concurs in the selection; or
(3) By a person appointed by the court.
(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1301.08.
Editor's Notes
Uniform Law: This section is based upon § 704 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.05. Resignation of trustee

§ 19–1307.05. Resignation of trustee.
(a) A trustee may resign:
(1) Upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees or, if there is no cotrustee, to the next designated successor trustee; or
(2) With the approval of the court.
(b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.
(c) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 705 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.06. Removal of trustee

§ 19–1307.06. Removal of trustee.
(a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) The court may remove a trustee if:
(1) The trustee has committed a serious breach of trust;
(2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(4) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under section 19-1310.01(b) as may be necessary to protect the trust property or the interests of the beneficiaries.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1310.01.
Editor's Notes
Uniform Law: This section is based upon § 706 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.07. Delivery of property by former trustee

§ 19–1307.07. Delivery of property by former trustee.
(a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee’s possession to the cotrustee, successor trustee, or other person entitled to it.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 707 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.08. Compensation of trustee

§ 19–1307.08. Compensation of trustee.
(a) If the terms of a trust do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
(b) If the terms of a trust specify the trustee’s compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:
(1) The duties of the trustee are substantially different from those contemplated when the trust was created; or
(2) The compensation specified by the terms of the trust would be unreasonably low or high.
(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 § 708 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VII - Office of Trustee › § 19–1307.09. Reimbursement of expenses

§ 19–1307.09. Reimbursement of expenses.
(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
(1) Expenses that were properly incurred in the administration of the trust; and
(2) To the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 709 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.01. Duty to administer trust

§ 19–1308.01. Duty to administer trust.
Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 801 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.03. Impartiality

§ 19–1308.03. Impartiality.
If a trust has 2 or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries’ respective interests.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 803 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.04. Prudent administration

§ 19–1308.04. Prudent administration.
A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 804 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.05. Costs of administration

§ 19–1308.05. Costs of administration.
In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 805 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.06. Trustee’s skills

§ 19–1308.06. Trustee’s skills.
A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 806 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.07. Delegation by trustee

§ 19–1308.07. Delegation by trustee.
(a) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
(3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
(c) A trustee who complies with subsection (a) of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(d) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of the District of Columbia, an agent submits to the jurisdiction of the courts 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 § 807 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.08. Powers to direct

§ 19–1308.08. Powers to direct.
(a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.
(c) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(d) A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 808 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.09. Control and protection of trust property

§ 19–1308.09. Control and protection of trust property.
A trustee shall take reasonable steps to take control of and protect the trust property.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 809 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.10. Recordkeeping and identification of trust property

§ 19–1308.10. Recordkeeping and identification of trust property.
(a) A trustee shall keep adequate records of the administration of the trust.
(b) A trustee shall keep trust property separate from the trustee’s own property.
(c) Except as otherwise provided in subsection (d) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of 2 or more separate trusts.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 810 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.11. Enforcement and defense of claims

§ 19–1308.11. Enforcement and defense of claims.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against 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 § 811 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.12. Collecting trust property

§ 19–1308.12. Collecting trust property.
A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 812 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.14. Discretionary powers; tax savings

§ 19–1308.14. Discretionary powers; tax savings.
(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute”, “sole”, or “uncontrolled”, the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(b) Section 21-1722 applies to a trust governed by this chapter.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 814 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.15. General powers of trustee

§ 19–1308.15. General powers of trustee.
(a) A trustee, without authorization by the court, may exercise:
(1) Powers conferred by the terms of the trust; and
(2) Except as limited by the terms of the trust:
(A) All powers over the trust property which an unmarried competent owner has over individually owned property;
(B) Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
(C) Any other powers conferred by this chapter.
(b) The exercise of a power is subject to the fiduciary duties prescribed by this subchapter.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1308.16.
Editor's Notes
Uniform Law: This section is based upon § 815 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter VIII - Duties and Powers of Trustee › § 19–1308.17. Distribution upon termination

§ 19–1308.17. Distribution upon termination.
(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes, and to secure a right of reimbursement if the reserve is inadequate.
(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(1) It was induced by improper conduct of the trustee; or
(2) The beneficiary, at the time of the release, did not know of the beneficiary’s rights or of the material facts relating to the breach.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 817 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter IX - Uniform Prudent Investor Act › § 19–1309.01. Prudent investor rule

§ 19–1309.01. Prudent investor rule.
(a) Except as provided in subsection (b) of this section, a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule as set forth in sections 19-1309.02 through 19-1309.09.
(b) The prudent investor rule is a default rule that may be expanded, restricted, eliminated, or otherwise altered by provisions of the trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on provisions of the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Prior Codifications
2001 Ed., § 28-4701.
1981 Ed., § 28-4701.
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter IX - Uniform Prudent Investor Act › § 19–1309.02. Standard of care; portfolio strategy; risk and return objectives

§ 19–1309.02. Standard of care; portfolio strategy; risk and return objectives.
(a) A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(b) A trustee’s investment and management decisions respecting individual assets must be evaluated not in isolation, but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
(c) Among the circumstances relevant to the trust or its beneficiaries that a trustee shall consider in investing and managing the trust assets are the following:
(1) General economic conditions;
(2) The possible effect of inflation or deflation;
(3) The expected tax consequences of investment decisions or strategies;
(4) The role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;
(5) The expected total return from income and the appreciation of capital;
(6) Other resources of the beneficiaries;
(7) Needs for liquidity, for regularity of income, and for preservation or appreciation of capital; and
(8) An asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.
(d) A trustee shall take reasonable steps to verify facts relevant to the investment and management of trust assets.
(e) Subject to the standards of this subchapter, a trustee may invest in any kind of property or type of investment.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Prior Codifications
2001 Ed., § 28-4702.
1981 Ed., § 28-4702.
Section References
This section is referenced in § 19-1309.01.
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter IX - Uniform Prudent Investor Act › § 19–1309.03. Diversification

§ 19–1309.03. Diversification.
A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Prior Codifications
2001 Ed., § 28-4703.
1981 Ed., § 28-4703.
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter IX - Uniform Prudent Investor Act › § 19–1309.04. Duties at inception of trusteeship

§ 19–1309.04. Duties at inception of trusteeship.
Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this subchapter.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Prior Codifications
2001 Ed., § 28-4704.
1981 Ed., § 28-4704.
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter IX - Uniform Prudent Investor Act › § 19–1309.05. Reviewing compliance

§ 19–1309.05. Reviewing compliance.
The prudent investor rule expresses a standard of conduct, not a particular outcome. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee’s decision or action.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter IX - Uniform Prudent Investor Act › § 19–1309.06. Language invoking standard of subchapter

§ 19–1309.06. Language invoking standard of subchapter.
The following terms or comparable language in a trust instrument, unless otherwise limited or modified by the instrument, authorizes any investment or strategy permitted under this subchapter: “investments permissible by law for investment of trust funds”, “legal investments”, “authorized investments”, “using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital”, “prudent man rule”, “prudent trustee rule”, “prudent person rule”, and “prudent investor rule”.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter X - Liability of Trustees and Rights of Persons Dealing with Trustee › § 19–1310.01. Remedies for breach of trust

§ 19–1310.01. Remedies for breach of trust.
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) Compel the trustee to perform the trustee’s duties;
(2) Enjoin the trustee from committing a breach of trust;
(3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) Order a trustee to account;
(5) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) Suspend the trustee;
(7) Remove the trustee as provided in section 19-1307.06;
(8) Reduce or deny compensation to the trustee;
(9) Subject to section 19-1310.12, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds, or
(10) Order any other appropriate relief.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1307.06.
Editor's Notes
Uniform Law: This section is based upon § 1001 of the Uniform Trust Code.