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Washington Trust Act

Washington · Probate and Trust Law · §§ 11.98.002 to 11.98.930 · 46 sections

Overview

The act establishes a comprehensive statutory framework for express trusts, covering how a trust comes into existence, how it is administered over its lifetime, and how it may be modified or terminated. It defines the duties and powers of trustees and the corresponding rights of beneficiaries, and provides mechanisms for oversight and for resolving disputes that arise in the course of administration. Much of it operates as a set of default rules that fill gaps left by the trust instrument, so the terms the settlor writes generally control where the two differ.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 38 court decisions.

Most-cited authority: 955 F.2d 1268 - Class

Sections covered

  • RCW 11.98.002Definitions.
  • RCW 11.98.005Trust situs and governing law.
  • RCW 11.98.008Trust creation—Methods.
  • RCW 11.98.009Application of chapter.2 cites
  • RCW 11.98.011Trust creation—Requirements.1 cite
  • RCW 11.98.012Trust creation—Other jurisdictions.
  • RCW 11.98.013Trust creation—Allowable purposes.
  • RCW 11.98.014Trust creation—Oral trusts.2 cites
  • RCW 11.98.015Noncharitable trusts without ascertainable beneficiaries.
  • RCW 11.98.016Exercise of powers by co-trustees.1 cite
  • RCW 11.98.017Trusteeship—Accepting and declining—Powers without acceptance.
  • RCW 11.98.019Relinquishment of powers by trustee.
  • RCW 11.98.029Resignation of trustee.
  • RCW 11.98.039Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary.7 cites
  • RCW 11.98.041Change of trustee—Discharge of outgoing trustee, when.3 cites
  • RCW 11.98.045Criteria for transfer of trust assets or administration.
  • RCW 11.98.051Nonjudicial transfer of trust assets or administration—Notice—Consent required.1 cite
  • RCW 11.98.055Judicial transfer of situs of trusts.
  • RCW 11.98.060Power of successor trustee.
  • RCW 11.98.065Change in form of corporate trustee.
  • RCW 11.98.070Power of trustee.15 cites
  • RCW 11.98.071Trustee's delegation of duties.
  • RCW 11.98.072Trustee—Notification requirements.
  • RCW 11.98.075Certification of trust.
  • RCW 11.98.078Trustee duty of loyalty.2 cites
  • RCW 11.98.080Consolidation of trusts.1 cite
  • RCW 11.98.085Trustee—Breach of trust—Damages.
  • RCW 11.98.100Nonliability for action or inaction based on lack of knowledge of events.
  • RCW 11.98.105Nonliability of third persons without knowledge of breach.
  • RCW 11.98.107Trustee exculpation.
  • RCW 11.98.108Nonliability of trustee—Beneficiary's consent, release, or ratification.1 cite
  • RCW 11.98.110Contract and tort liability.
  • RCW 11.98.130Rule against perpetuities.2 cites
  • RCW 11.98.140Distribution and vesting of assets.
  • RCW 11.98.145Distribution upon termination.
  • RCW 11.98.150Distribution of assets after one hundred fifty-year period.
  • RCW 11.98.160Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.
  • RCW 11.98.170Designation of trustee as beneficiary of life insurance policy or retirement plan—Determination of proper recipient of proceeds—Definitions—Beneficiary designations executed before January 1, 1985, not invalidated.
  • RCW 11.98.200Beneficiary trustee—Limitations on power.
  • RCW 11.98.210Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.
  • RCW 11.98.220Beneficiary trustee—Inferences of law—Judicial review.
  • RCW 11.98.230Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
  • RCW 11.98.240Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.
  • RCW 11.98.900Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
  • RCW 11.98.920Short title.
  • RCW 11.98.930Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

Enacted in other states

Illinois, Maryland, Oklahoma, Tennessee, Washington

All Washington named statutes →

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