reglab/statecodes huggingface dataset:
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 › § 19–1310.02. Damages for breach of trust

§ 19–1310.02. Damages for breach of trust.
(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
(2) The profit the trustee made by reason of the breach.
(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1002 of the Uniform Trust Code.
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 › § 19–1310.03. Damages in absence of breach

§ 19–1310.03. Damages in absence of breach.
(a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1003 of the Uniform Trust Code.
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 › § 19–1310.04. Attorney’s fees and costs

§ 19–1310.04. Attorney’s fees and costs.
In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1004 of the Uniform Trust Code.
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 › § 19–1310.05. Limitation of action against trustee

§ 19–1310.05. Limitation of action against trustee.
(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(c) If subsection (a) of this section does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 3 years after the first to occur of:
(1) The removal, resignation, or death of the trustee;
(2) The termination of the beneficiary’s interest in the trust; or
(3) The termination of the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1308.02.
Editor's Notes
Uniform Law: This section is based upon § 1005 of the Uniform Trust Code.
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 › § 19–1310.06. Reliance on trust instrument

§ 19–1310.06. Reliance on trust instrument.
A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1006 of the Uniform Trust Code.
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 › § 19–1310.07. Event affecting administration or distribution

§ 19–1310.07. Event affecting administration or distribution.
If the happening of an event, including marriage, divorce, performance of educational requirements, the attainment of a specified age, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s lack of knowledge.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1007 of the Uniform Trust Code.
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 › § 19–1310.08. Exculpation of trustee

§ 19–1310.08. Exculpation of trustee.
(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
(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 § 1008 of the Uniform Trust Code.
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 › § 19–1310.09. Beneficiary’s consent, release, or ratification

§ 19–1310.09. Beneficiary’s consent, release, or ratification.
A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to the breach.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1009 of the Uniform Trust Code.
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 › § 19–1310.10. Limitation on personal liability of trustee

§ 19–1310.10. Limitation on personal liability of trustee.
(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim.
(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 § 1010 of the Uniform Trust Code.
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 › § 19–1310.11. Interest as general partner

§ 19–1310.11. Interest as general partner.
(a) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to D.C. Official Code §§ 33-101.01 through 33-112.04 (Uniform Partnership Act of 1996), or D.C. Official Code §§ 33-201.01 through 33-211.07 (Uniform Limited Partnership Act of 1987).
(b) Except as otherwise provided in subsection (c) of this section, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1011 of the Uniform Trust Code.
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 › § 19–1310.12. Protection of person dealing with trustee

§ 19–1310.12. Protection of person dealing with trustee.
(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee’s powers is protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee’s powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Section References
This section is referenced in § 19-1308.02 and § 19-1310.01.
Editor's Notes
Uniform Law: This section is based upon § 1012 of the Uniform Trust Code.
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 › § 19–1310.13. Certification of trust

§ 19–1310.13. Certification of trust.
(a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:
(1) That the trust exists and the date the trust instrument was executed;
(2) The identity of the settlor;
(3) The identity and address of the currently acting trustee;
(4) The powers of the trustee;
(5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee;
(7) The trust’s taxpayer identification number; and
(8) The manner of taking title to trust property.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(d) A certification of trust need not contain the dispositive terms of a trust.
(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.
(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1013 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter XI - Miscellaneous Provisions › § 19–1311.01. Uniformity of application and construction

§ 19–1311.01. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1101 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter XI - Miscellaneous Provisions › § 19–1311.02. Electronic records and signatures

§ 19–1311.02. Electronic records and signatures.
The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C. § 7002 ), and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1102 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 13 - Uniform Trust Code › Subchapter XI - Miscellaneous Provisions › § 19–1311.03. Application to existing relationships

§ 19–1311.03. Application to existing relationships.
(a) Except as otherwise provided in this chapter, on the effective date of this chapter [March 10, 2004]:
(1) This chapter applies to all trusts created before, on, or after its effective date [March 10, 2004];
(2) This chapter applies to all judicial proceedings concerning trusts commenced on or after its effective date [March 10, 2004];
(3) This chapter applies to judicial proceedings concerning trusts commenced before its effective date [March 10, 2004] unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;
(4) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before the effective date of the chapter [March 10, 2004] unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) An act done before the effective date of the chapter [March 10, 2004] is not affected by this chapter.
(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the chapter [March 10, 2004], that statute continues to apply to the right even if it has been repealed or superseded.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Editor's Notes
Uniform Law: This section is based upon § 1106 of the Uniform Trust Code.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1501. Short title

§ 19–1501. Short title.
This chapter may be cited as the “Uniform Disclaimer of Property Interests Act”.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
For prior codification of Uniform Disclaimer of Property Interests: See § 21-2091 et seq.
Uniform Law: This section is based upon § 1 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1502. Definitions

§ 19–1502. Definitions.
For the purposes of this chapter, the term:
(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
(2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.
(3) “Disclaimer” means the refusal to accept an interest in or power over property.
(4) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.
(5) “Jointly held property” means property held in the name of 2 or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term “state” includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.
(8) “Trust” means:
(A) An express trust, charitable or noncharitable, with additions thereto, whenever and however created; or
(B) A trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1503. Scope

§ 19–1503. Scope.
This chapter applies to disclaimers of any interest in or power over property, whenever created.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1504. Chapter supplemented by other law

§ 19–1504. Chapter supplemented by other law.
(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1505. Power to disclaim; general requirements; when irrevocable

§ 19–1505. Power to disclaim; general requirements; when irrevocable.
(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
(b) Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of the District of Columbia or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
(c)(1) To be effective, a disclaimer must:
(A) Be in a writing or other record;
(B) Declare the disclaimer;
(C) Describe the interest or power disclaimed;
(D) Be signed by the person making the disclaimer; and
(E) Be delivered or filed in the manner provided in § 19-1512.
(2) For the purposes of this subsection, the term:
(A) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(B) “Signed” means, with present intent to authenticate or adopt a record, to:
(i) Execute or adopt a tangible symbol; or
(ii) Attach to or logically associate with the record an electronic sound, symbol, or process.
(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.
(e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to § 19-1512 or when it becomes effective as provided in §§ 19-1506 through 19-1511, whichever occurs later.
(f) A disclaimer made under this chapter is not a transfer, assignment, or release.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1507. Disclaimer of rights of survivorship in jointly held property

§ 19–1507. Disclaimer of rights of survivorship in jointly held property.
(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(b) A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Section References
This section is referenced in § 19-1506.
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1508. Disclaimer of interest by trustee

§ 19–1508. Disclaimer of interest by trustee.
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Section References
This section is referenced in § 19-1506.
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1509. Disclaimer of power of appointment or other power not held in fiduciary capacity

§ 19–1509. Disclaimer of power of appointment or other power not held in fiduciary capacity.
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1510. Disclaimer by appointee, object, or taker in default of exercise of power of appointment

§ 19–1510. Disclaimer by appointee, object, or taker in default of exercise of power of appointment.
(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 10 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1511. Disclaimer of power held in fiduciary capacity

§ 19–1511. Disclaimer of power held in fiduciary capacity.
(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 11 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1513. When disclaimer barred or limited

§ 19–1513. When disclaimer barred or limited.
(a) A disclaimer is barred by a written waiver of the right to disclaim.
(b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1) The disclaimant accepts the interest sought to be disclaimed;
(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or
(3) A judicial sale of the interest sought to be disclaimed occurs.
(c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(e) A disclaimer is barred or limited if so provided by law other than this chapter.
(f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Section References
This section is referenced in § 19-1516.
Editor's Notes
Uniform Law: This section is based upon § 13 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1514. Tax qualified disclaimer

§ 19–1514. Tax qualified disclaimer.
Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 14 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1515. Recording of disclaimer

§ 19–1515. Recording of disclaimer.
If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as provided in [§] 19-1512(g)(2), failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063; Mar. 19, 2013, D.C. Law 19-230, § 3(b), 59 DCR 13606.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-230 added “Except as provided in section 19-1512(g)(2)” at the beginning of the second sentence; and made related changes.
Editor's Notes
Uniform Law: This section is based upon § 15 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1516. Application to existing relationships

§ 19–1516. Application to existing relationships.
Except as otherwise provided in § 19-1513, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective date of this chapter.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 16 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1517. Relation to Electronic Signatures in Global and National Commerce Act

§ 19–1517. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supercedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 ), but does not modify, limit, or supercede section 101(c) of that act (15 U.S.C. § 7001(c) ) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b) ).
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 17 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 15 - Uniform Disclaimer of Property Interests › § 19–1518. Uniformity of application and construction

§ 19–1518. Uniformity of application and construction.
In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Mar. 2, 2007, D.C. Law 16-205, § 2(b), 53 DCR 9063.)
Editor's Notes
Uniform Law: This section is based upon § 18 of the Uniform Disclaimer of Property Interests Act (1999).
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–102. Verification

§ 20–102. Verification.
(a) When a writing is required by this title to be verified, verification shall be sufficient if the writing is signed by the person required to make the verification and contains the following representation:
“I do solemnly declare and affirm under penalty of law that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief.”
(b) Any person who in making a verification under this section willfully and contrary to the verification states any material matter that such person does not believe to be true shall be guilty of an offense. Any person convicted of this offense shall be punished by imprisonment for not less than 2 or more than 10 years.
(c) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in [§ 22-3571.01].
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; June 11, 2013, D.C. Law 19-317, § 302, 60 DCR 2064.)
Prior Codifications
1981 Ed., § 20-102.
Section References
This section is referenced in § 20-905.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 added (c).
Cross References
Presentation of claims, see § 20-905.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 302 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–103. Notice

§ 20–103. Notice.
(a) First notice. — Unless personal service or notice by publication is expressly required by this title or by the Rules, the first notice required or permitted to be given to any person under this title shall be sufficient if deposited as registered or certified mail, postage prepaid, return receipt requested, addressed to the addressee at the address last known to the sender, with delivery restricted to the addressee.
(b) Subsequent notice. — Any subsequent notice to such person in accordance with this title shall be sufficient if deposited as ordinary mail, postage prepaid, addressed either to the same address at which the first notice was received, as evidence by return receipt from the post office or, if the sender has received written notice from the addressee of a change of address, to the new address.
(c) Failure of notice. — If no return receipt is received apparently signed by the addressee, and there is no proof of actual notice, no action taken in any proceeding under this title shall prejudice the rights of the person entitled to notice unless the sender verifies, to the satisfaction of the Court, that reasonable efforts to locate and warn the addressee of the pendency of the action have been made.
(d) Notice to personal representative. — A personal representative or special administrator is not required to give self notice.
(e) Notice for contingent interests. — If the interest of an heir or legatee is solely contingent on whether some other heir or legatee survives the decedent or some other event or period, any notice given before the contingent interest vests shall conclusively be deemed to have been given to the heir or legatee whose interest has been contingent.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(e), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-103.
Section References
This section is referenced in § 20-704.
Cross References
Notice of appointment of personal representative, see § 20-704.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-108.01.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–104. Presumption

§ 20–104. Presumption.
Unless otherwise expressly provided, whenever this title states that a fact shall be presumed, the presumption is rebuttable.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-104.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–105. Devolution of property at death

§ 20–105. Devolution of property at death.
All property of a decedent shall be subject to this title and, upon the decedent’s death, shall pass directly to the personal representative, who shall hold the legal title for administration and distribution of the estate.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Jan. 25, 2018, D.C. Law 22-48, § 4(a), 64 DCR 12405.)
Prior Codifications
1981 Ed., § 20-105.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–106. Preference

§ 20–106. Preference.
Except as provided in sections 20-343 and 20-703 , there shall be no preference or priority between real and personal property.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(f), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-106.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-108.01.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–107. Right to seek Court resolution

§ 20–107. Right to seek Court resolution.
(a) An interested person, the beneficiary of a trust, or the Register may, at any time, petition the Court for an order, following notice to interested persons and with or without a hearing, to resolve a question or controversy arising in the course of a supervised or unsupervised administration of a decedent’s estate.
(b) Any interested person in an unsupervised administration, any unpaid creditor of either the decedent or the estate whose claim is not barred, and the personal representative, may request Court action or assistance in connection with any specific issue related to the administration of the estate. Upon receiving such request, if the Court determines a hearing is necessary, the Court shall notify the personal representative and set a hearing on the matter (unless waived by all interested persons); the personal representative shall certify to the Court that the personal representative has given notice of the hearing to the interested persons, by certified mail or personal delivery at least 10 days prior to the hearing.
(c) Any request filed by an interested person, including any pleading described in this title as a petition, need not be in any particular format. It will be sufficient for the purpose intended as long as it is in writing and specifically identifies the particular issue or concern which the interested person wishes the Court to review or resolve.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(g), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-107.
Section References
This section is referenced in § 20-406.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-108.01.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–108. Appointment of guardian ad litem

§ 20–108. Appointment of guardian ad litem.
If it appears to the Court that there is an apparent conflict between an interested person under a legal disability and a person described in section 20-101(d)(2)(A) , the Court may, in its discretion, appoint a guardian ad litem for the person with a legal disability.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Apr. 24, 2007, D.C. Law 16-305, § 34(a), 53 DCR 6198.)
Prior Codifications
1981 Ed., § 20-108.
Section References
This section is referenced in § 20-101.
Effect of Amendments
D.C. Law 16-305 substituted “person with a legal disability” for “legally disabled person”.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–108.01. Effect of fraud and evasion

§ 20–108.01. Effect of fraud and evasion.
(a) Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during lifetime that may affect the succession to the decedent’s estate.
(b) Notwithstanding the remedy provided in subsection (a) of this section, nothing in this title shall be construed to validate any document with respect to which there was any misrepresentation, fraudulent act, or illegal provision in connection with its execution.
(c) In addition to the remedy provided in subsection (a) of this section, any person convicted of a fraudulent act in connection with the collection, administration, distribution, or closing of an estate under this title and who thereby obtains property of another or causes another to lose property, shall be subject to the penalties set forth in section 122 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; § 22-3222).
(Mar. 21, 1995, D.C. Law 10-241, § 3(i), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-108.1.
Emergency Legislation
For temporary amendment of § 4 of D.C. Law 10-241, see § 2 of the Probate Reform Act of 1994 Emergency Amendment Act of 1995 (D.C. Act 11-79, June 28, 1995, 42 DCR 3452).
Editor's Notes
Application of Law 10-241: Section 4 of D.C. Law 10-241, as amended by § 2 of D.C. Law 11-54, provided that the act shall be applicable to estates of decedents who died on or after July 1, 1995.
Section 32(b) of D.C. Law 15-354 provided that the section designation of § 20-108.1 of the District of Columbia Official Code is redesignated as § 20-108.01.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 1 - General Provisions › § 20–109. Effective date

§ 20–109. Effective date.
This title shall apply only to an estate of a decedent who died on or after January 1, 1981. Title 20 of the D.C. Official Code enacted by virtue of An Act To enact Part III of the District of Columbia Code, entitled “Decedents’ Estates and Fiduciary Relations”, codifying the general and permanent laws relating to decedents’ estates and fiduciary relations in the District of Columbia, approved September 14, 1965 (79 Stat. 703), and An Act To amend chapter 19 of title 20 of the District of Columbia Code to provide for distribution of a minor’s share in a decedent’s personal estate where the share does not exceed the value of $1,000, approved August 11, 1971 (85 Stat. 307), shall apply to an estate of a decedent who died before January 1, 1981.
(June 24, 1980, D.C. Law 3-72, § 402, 27 DCR 2155; Aug. 2, 1983, D.C. Law 5-24, § 3, 30 DCR 3341.)
Prior Codifications
1981 Ed., § 20-109.
References in Text
“Chapter 19 of title 20”, referred to in this section, did not exist in the 1981 Edition at the time of the recodification into the 2001 Edition.