These documents are currently being revised to incorporate the changes made during the 2024 Legislative Session. Please consult the Sections Affected Table for changes made during the 2024 Legislative Session.
Criteria for transfer of trust assets or administration.
(1) If a trust is a Washington trust under RCW
11.98.005, a trustee may transfer the situs of the trust to a jurisdiction other than Washington if the trust instrument so provides or in accordance with RCW
11.98.051 or
11.98.055.
(2) Transfer under this section is permitted only if:
(a) The transfer would facilitate the economic and convenient administration of the trust;
(b) The transfer would not materially impair the interests of the qualified beneficiaries or others interested in the trust;
(c) The transfer does not violate the terms of the trust;
(d) The new trustee is qualified and able to administer the trust or such assets on the terms set forth in the trust; and
(e) The trust meets at least one condition for situs listed in RCW
11.98.005(1) with respect to the new jurisdiction.
(3) Acceptance of such transfer by a foreign corporate trustee or trust company under this section or RCW
11.98.051 or
11.98.055 may not be construed to be doing a "trust business" as described in *RCW
30.08.150(9).
NOTES:
*Reviser's note: RCW
30.08.150 was recodified as RCW
30A.08.150 pursuant to 2014 c 37 § 4 and amended by 2014 c 37 § 167, deleting subsection (9), effective January 5, 2015.
Application—2013 c 272: See note following RCW
11.98.002.
Application—Effective date—2011 c 327: See notes following RCW
11.103.020.
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.