11.98B.005 – Short title.

RCW 11.98B.005 Short title. This chapter may be known and cited as the uniform directed trust act. [ 2020 c 303 § 1.]

11.98B.010 – Definitions.

RCW 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 […]

11.98B.020 – Applicability—Principal place of administration.

RCW 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, […]

11.98B.030 – Applicability—Exclusions—Power of appointment.

RCW 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 […]

11.98B.040 – Common law and principles of equity supplement.

RCW 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. [ 2020 c 303 § 4.]

11.98B.050 – Trust director—Power of direction.

RCW 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 […]

11.98B.060 – Trust director—Power of direction—Limitations.

RCW 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 […]

11.98B.070 – Trust director—Duties and liability.

RCW 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 […]

11.98B.080 – Directed trustee—Duties and liability.

RCW 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 […]

11.98B.090 – Duty to provide information to trust director or trustee.

RCW 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 […]

11.98B.100 – No duty to monitor, inform, or advise trust director or trustee.

RCW 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 […]

11.98B.110 – Application to cotrustee.

RCW 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 […]

11.98B.120 – Trust director—Action against—Limitation.

RCW 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 […]

11.98B.130 – Trust director—Action against—Defenses.

RCW 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. [ 2020 c 303 § 14.]

11.98B.140 – Trust director—Personal jurisdiction.

RCW 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 […]

11.98B.150 – Trust director—Rules applicable to trustees apply.

RCW 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. [ […]

11.98B.900 – Uniformity of application and construction.

RCW 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. [ 2020 c 303 § 17.]

11.98B.901 – Relation to electronic signatures in global and national commerce act.

RCW 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 […]

11.98B.902 – Effective date—2020 c 303.

RCW 11.98B.902 Effective date—2020 c 303. This act takes effect January 1, 2021. [ 2020 c 303 § 20.]