Wash. Rev. Code § 11.98B.005
Short title
This chapter may be known and cited as the uniform directed trust act.
Revised Code of Washington Chapter 11.98B — Uniform Directed Trust Act
Washington · statute · Wash. Rev. Code ch. 11.98B · 19 active provisions
Wash. Rev. Code § 11.98B.010
Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this chapter, or law of this state other than this chapter pertai…
Wash. Rev. Code § 11.98B.020
Applicability—Principal place of administration
(1) This chapter applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:(a) If the trust was created before January 1, 2021, this chapter applies only to a decision or action occurring on or after January 1, 2021.(b) If the principal place of a…
Wash. Rev. Code § 11.98B.030
Applicability—Exclusions—Power of appointment
(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.(2) This chapter does not apply to a:(a) Power of appointment;(b) Power to appoint or remove a truste…
Wash. Rev. Code § 11.98B.040
Common law and principles of equity supplement
The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or law of this state other than this chapter.
Wash. Rev. Code § 11.98B.050
Trust director—Power of direction
(1) Subject to RCW 11.98B.060, the terms of a trust may grant a power of direction to a trust director.(2) Unless the terms of a trust provide otherwise:(a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1) of…
Wash. Rev. Code § 11.98B.060
Trust director—Power of direction—Limitations
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a) regarding:(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requiremen…
Wash. Rev. Code § 11.98B.070
Trust director—Duties and liability
(1) Subject to subsection (2) of this section, with respect to a power of direction or further power under RCW 11.98B.050(2)(a):(a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:(i) If the power is held individually, as a sole trustee in a like position and under…
Wash. Rev. Code § 11.98B.080
Directed trustee—Duties and liability
(1) Subject to subsection (2) of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under RCW 11.98B.050(2)(a), and the trustee is not liable for the action.(2) A directed trustee must not comply with a trust d…
Wash. Rev. Code § 11.98B.090
Duty to provide information to trust director or trustee
(1) Subject to RCW 11.98B.100, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:(a) The powers or duties of the trustee; and(b) The powers or duties of the director.(2) Subject to RCW 11.98B.100, a trust director shall provide information to a trustee o…
Wash. Rev. Code § 11.98B.100
No duty to monitor, inform, or advise trust director or trustee
(1) Unless the terms of a trust provide otherwise:(a) A trustee does not have a duty to:(i) Monitor a trust director; or(ii) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and(b) By taking an action…
Wash. Rev. Code § 11.98B.110
Application to cotrustee
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction unde…
Wash. Rev. Code § 11.98B.120
Trust director—Action against—Limitation
(1) An action against a trust director for breach of trust must be commenced within the same limitation period under RCW 11.96A.070 as for an action for breach of trust against a trustee in a like position and under similar circumstances.(2) A report or accounting has the same effect on the limitation period for an act…
Wash. Rev. Code § 11.98B.130
Trust director—Action against—Defenses
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
Wash. Rev. Code § 11.98B.140
Trust director—Personal jurisdiction
(1) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
Wash. Rev. Code § 11.98B.150
Trust director—Rules applicable to trustees apply
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:(1) Acceptance;(2) Giving of bond to secure performance;(3) Reasonable compensation;(4) Resignation;(5) Removal; and(6) Vacancy and appointment of successor.
Wash. Rev. Code § 11.98B.900
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.
Wash. Rev. Code § 11.98B.901
Relation to electronic signatures in global and national commerce act
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that…
Wash. Rev. Code § 11.98B.902
Effective date—2020 c 303
This act takes effect January 1, 2021.