Revised Code of Washington
2023 Archive

Chapter 11.98 RCW
TRUSTS
PDF of Chapter Digest
PDF of Complete Chapter
Sections
11.98.002Definitions.
11.98.005Trust situs and governing law.
11.98.008Trust creation—Methods.
11.98.009Application of chapter.
11.98.011Trust creation—Requirements.
11.98.012Trust creation—Other jurisdictions.
11.98.013Trust creation—Allowable purposes.
11.98.014Trust creation—Oral trusts.
11.98.015Noncharitable trusts without ascertainable beneficiaries.
11.98.016Exercise of powers by co-trustees.
11.98.017Trusteeship—Accepting and declining—Powers without acceptance.
11.98.019Relinquishment of powers by trustee.
11.98.029Resignation of trustee.
11.98.039Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary.
11.98.041Change of trustee—Discharge of outgoing trustee, when.
11.98.045Criteria for transfer of trust assets or administration.
11.98.051Nonjudicial transfer of trust assets or administration—Notice—Consent required.
11.98.055Judicial transfer of situs of trusts.
11.98.060Power of successor trustee.
11.98.065Change in form of corporate trustee.
11.98.070Power of trustee.
11.98.071Trustee's delegation of duties.
11.98.072Trustee—Notification requirements.
11.98.075Certification of trust.
11.98.078Trustee duty of loyalty.
11.98.080Consolidation of trusts.
11.98.085Trustee—Breach of trust—Damages.
11.98.100Nonliability for action or inaction based on lack of knowledge of events.
11.98.105Nonliability of third persons without knowledge of breach.
11.98.107Trustee exculpation.
11.98.108Nonliability of trustee—Beneficiary's consent, release, or ratification.
11.98.110Contract and tort liability.
11.98.130Rule against perpetuities.
11.98.140Distribution and vesting of assets.
11.98.145Distribution upon termination.
11.98.150Distribution of assets after one hundred fifty-year period.
11.98.160Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.
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.
11.98.200Beneficiary trustee—Limitations on power.
11.98.210Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.
11.98.220Beneficiary trustee—Inferences of law—Judicial review.
11.98.230Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
11.98.240Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.
11.98.900Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
11.98.920Short title.
11.98.930Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
NOTES:
Assignment for the benefit of creditors: Chapter 7.08 RCW.
Assignments to trustees, priority of wages: RCW 49.56.010.
Banks and trust companies: Title 30A RCW.
Cemeteries
endowment and nonendowment care: Chapter 68.40 RCW.
endowment care fund: Chapter 68.44 RCW.
Conveyances and encumbrances of realty when held in trust: RCW 64.04.010.
Corporate
powers of trust companies, bond liability, securities, etc.: RCW 30A.08.150 through 30A.08.170.
seals, effect of absence from instrument: RCW 64.04.105.
Corporations
articles to state if trust company: RCW 30A.08.020.
sole, property held in trust: RCW 24.12.030.
Costs against trustees, civil actions: RCW 4.84.150.
Employee benefit plans, trusts, duration, etc.: Chapter 49.64 RCW.
Employees' benefit deductions from wages are trust funds: RCW 49.52.010.
Execution against property in trustee's hands: RCW 6.17.110.
Fiduciary bonds: RCW 48.28.020.
Gifts for benefit of trust: RCW 11.12.250.
Guardianship: Chapter 73.36 RCW.
Insurance
deposits held in trust: RCW 48.16.020, 48.16.070.
trustee group life insurance: RCW 48.24.070.
Investment of trust funds: Chapter 11.100 RCW.
Investment of trust funds in certain federally secured obligations: RCW 39.60.010.
Loan agencies: Title 31 RCW.
Loans to officers of trust corporation from trust funds prohibited: RCW 30A.12.120.
Mandamus: Chapter 7.16 RCW.
Married persons and domestic partners, property rights and liabilities: Chapter 26.16 RCW.
Massachusetts trusts: Chapter 23.90 RCW.
Mortgages and trust receipts: Title 61 RCW.
Partnerships: Title 25 RCW.
Personal property: Title 63 RCW.
Pleadings, setoff against beneficiary or trustee of trust estate: RCW 4.32.120, 4.32.140.
Powers of appointment, powers in trust: Chapter 11.95A RCW.
Private seals abolished: RCW 64.04.090.
Proceedings to impeach: RCW 42.04.040.
Prohibition: Chapter 7.16 RCW.
Property taxes
exemptions: Chapter 84.36 RCW.
generally: Title 84 RCW.
Prudent person rule: Chapter 11.100 RCW.
Recording, county auditor's duties: Chapter 65.04 RCW.
Recording and publication: Title 65 RCW.
Resulting state bank, provisions when not exercising trust powers: RCW 30A.49.100.
Retail sales tax, "buyer" includes trust, business trust, etc.: RCW 82.08.010.
Savings banks
limitation on deposits: RCW 32.12.010.
not to locate in same room with trust company: RCW 32.04.030.
State depositaries: Chapter 43.85 RCW.
Statute of frauds: Chapter 19.36 RCW.
Trust business to be kept separate: RCW 30A.04.240.
Trust companies
capital requirements: RCW 30A.08.010.
limitation to act as executor or administrator: RCW 11.36.010.
Trust company
as legal representative, advertising: RCW 30A.04.260, 30A.12.130.
defined: RCW 30A.04.010.
Trust provisions may relieve trustee from duty, restriction, or liability imposed by statute: RCW 11.97.010.
Trustees' accounting act: Chapter 11.106 RCW.
Trusts and monopolies: State Constitution Art. 12 § 22.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Uniform
common trust fund act: Chapter 11.102 RCW.
revised uniform unclaimed property act: Chapter 63.30 RCW.
transfers to minors act: Chapter 11.114 RCW.
Use tax, "purchaser" includes trust, business trust, etc.: RCW 82.12.010.
Washington savings association act: Title 33 RCW.
Washington savings bank act: Title 32 RCW.
Wills, generally: Chapter 11.12 RCW.
Witnesses, competency in actions involving fiduciaries: RCW 5.60.030.