RCW 11.97.010

349 words·~2 min read·/wa/title-11/chapter-11-97/11-97-010·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The trustor of a trust may by the provisions of the trust relieve the trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed by chapters 11.95A , 11.98, 11.100, and 11.104B RCW and RCW 11.106.020 , or may alter or deny any or all of the privileges and powers conferred by those provisions; or may add duties, restrictions, liabilities, privileges, or powers to those imposed or granted by those provisions. If any specific provision of those chapters is in conflict with the provisions of a trust, the provisions of the trust control whether or not specific reference is made in the trust to any of those chapters, except as provided in RCW 6.32.250 , 11.96A.190 , 19.36.020 , 11.98.002 , 11.98.200 through 11.98.240 , 11.98.072 (1), 11.95A.350 through 11.95A.375 , and chapter 11.103 RCW.

In no event may a trustee be relieved of the duty to act in good faith and with honest judgment. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee must exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

[ 2021 c 140 s 3611 ; 2013 c 272 s 7 ; 2011 c 327 s 12 ; 2003 c 254 s 4 ; 1993 c 339 s 1 ; 1985 c 30 s 38 . Prior: 1984 c 149 s 64 ; 1959 c 124 s 2 . Formerly RCW 30.99.020 .]

Notes:

Effective date — 2021 c 140 ss 3101-3614: See RCW 11.95A.903 .

Application — 2013 c 272: See note following RCW 11.98.002 .

Application — Effective date — 2011 c 327: See notes following RCW 11.103.020 .

Severability — 1993 c 339: See note following RCW 11.98.200 .

Short title — Application — Purpose — Severability — 1985 c 30: See RCW 11.02.900 through 11.02.903 .

Severability — Effective dates — 1984 c 149: See notes following RCW 11.02.005 .