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Washington D.C. Living Trust Form (Revocable)

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Updated September 23, 2024

A Washington D.C. living trust is a legal document created by a person (the grantor) to transfer their assets into a separate entity to be managed by a trustee during their lifetime. A living trust allows the grantor to appoint themselves as the trustee. Upon the grantor's death, the assets in the living trust pass directly to the beneficiaries, bypassing probate.

Requirements (5)

  1. Competent: The grantor must have the capacity to create a trust.
  2. Intent: The grantor must indicate an intention to establish a trust.
  3. Definite Beneficiary: Unless it is a charitable trust or a trust for the care of an animal, the trust must have a definite beneficiary.
  4. Sole Trustee Cannot be the Sole Beneficiary: The same person cannot be the sole trustee and the sole beneficiary of the trust.
  5. Trustee’s Duties: The trustee must have duties to perform.[1]

Registration

There is no statutory requirement to register a living trust in Washington D.C.

Laws

Amending/Revoking – Unless the terms of the trust expressly provide that it is irrevocable, the grantor may amend or revoke the trust.[2]

Bond Requirement – The trustee must only put forward a bond if they have been ordered to do so by the court or if this is a requirement under the terms of the trust.[3]

Certification of Trust – Instead of providing a person who is not a beneficiary with a copy of the trust instrument, the trustee may provide a certification of trust that confirms the existence of the trust, the identities of the grantor and trustee, and other details.[4]

Co-Trustees – Co-trustees who cannot reach a unanimous decision may act by majority decision.[5]

Contesting a Trust – An action to contest the validity of a trust must be commenced within 90 days of receiving notice from the trustee of the trust’s existence or within one year of the grantor’s death, whichever is earlier.[6]

Costs Related to the Trust – In administering a trust, the trustee may only incur costs that are reasonable in relation to the trust property, its stated purposes, and the trustee’s skills.[7]

Jurisdiction – A trust created in another jurisdiction is valid in Washington D.C. if it was originally created in compliance with the laws of the jurisdiction where the trust instrument was executed.[8]

Oral Trusts – The creation of an oral trust and its terms may only be established by clear and convincing evidence.[9]

Pet Trusts – A trust may be created to provide for the care of one or more animals alive during the grantor’s lifetime. The trust terminates upon the death of the final surviving animal covered under the terms of the trust.[10]

Signing Requirements – A signature is not required by Washington D.C. statute for a living trust to be valid.

Spendthrift Provision – A spendthrift provision must restrain both the voluntary and involuntary transfer of a beneficiary’s interest in order to be valid.[11]

Trustee’s Compensation – If the terms of the trust do not specify the trustee’s compensation, the trustee is otherwise entitled to reasonable compensation.[12]

Trustee’s Duties – A trustee must prudently administer the trust in good faith, in the interest of its beneficiaries, and in accordance with its terms and purposes.[13]

Trustee’s Powers – Among other powers specified under D.C. law, a trustee has the power to acquire, sell, exchange, or alter the character of trust property.[14]

Sources

  1. § 19–1304.02(a)
  2. § 19–1306.02(a)
  3. § 19–1307.02(a)
  4. § 19–1310.13(a)
  5. § 19–1307.03(a)
  6. § 19–1306.04(a)
  7. § 19–1308.05
  8. § 19–1304.03
  9. § 19–1304.07
  10. § 19–1304.08(a)
  11. § 19–1305.02(a)
  12. § 19–1307.08(a)
  13. § 19–1308.01
  14. § 19–1308.16