RCW 11.107.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of Title 26 U.S.C. Sec. 2041(b)(1)(A) or 2514(c)(1) of the federal internal revenue code and any applicable regulations, as […]
RCW 11.107.020 Decanting power under expanded discretion. (1) Subject to (a) of this subsection and RCW 11.107.070, a trustee that has expanded discretion to distribute the principal of a first trust to one or more current beneficiaries may exercise the decanting power over the principal of the first trust, subject to the following: (a) Except […]
RCW 11.107.030 Decanting power under limited discretion. Subject to RCW 11.107.070, a trustee that has limited discretion to distribute the principal of a first trust to one or more current beneficiaries may exercise the decanting power over the principal of the first trust, subject to the following: (1) Second trusts under this section, in the […]
RCW 11.107.040 Decanting statute—Procedure to exercise decanting power. (1) The trustee of the first trust may exercise the decanting power under RCW 11.107.020 and 11.107.030 if: (a) The trustee determines that the exercise of the decanting power is consistent with the trustee’s fiduciary duties described in RCW 11.107.080(1); (b) In the event that the first […]
RCW 11.107.050 Decanting statute—Effects and consequences of an exercise of the decanting power. (1) A trustee or other person that reasonably relies on the validity of a distribution of part or all of the income and principal of a trust to another trust, or a modification of a trust, under this chapter or the law […]
RCW 11.107.060 Decanting statute—Trust for beneficiary with a disability. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) “Beneficiary with a disability” means a beneficiary of the first trust who the trustee believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently […]
RCW 11.107.070 Decanting statute—Specific prohibitions. (1) A trustee may not exercise the decanting power to the extent the first trust instrument expressly prohibits exercise of the decanting power or a power granted by state law to the trustee to modify the trust including, but not limited to, modification pursuant to chapter 11.96A RCW, and any […]
RCW 11.107.080 Application—Miscellaneous. (1) This chapter applies to any express trust, within the meaning of RCW 11.98.009, other than a trust during such time as the grantor has retained the right to revoke or amend. In exercising the decanting power, the trustee must act in accordance with the trustee’s fiduciary duties, including the duty to […]
