1. Competent: The grantor must have the capacity to establish a trust.
2. Intent: The grantor must indicate an intention to create 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 both the sole trustee and the sole beneficiary of the trust.
5. Trustee’s Duties: The trustee must have duties to perform.^[1]

Amending/Revoking – Unless the terms of the trust expressly provide that the trust is revocable, the grantor may not amend or revoke the trust.^[3]

Bond Requirement – The administrator of a living trust is not required under Washington law to put forward a bond.

Certification of Trust – Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may provide a certification of trust containing specific information about the trust, the trustee, and the grantor.^[4]

Co-Trustees – Any power vested in three or more co-trustees may be exercised by majority decision.^[5]

Contesting a Trust – An action to contest the validity of a trust must be commenced within four months of receiving notice from the trustee of the trust’s existence or within two years of the grantor’s death, whichever is earlier.^[6]

Costs Related to the Trust – In administering a trust, the trustee must invest and manage assets as a prudent investor would, using reasonable care and caution.^[7]

Jurisdiction – A trust created in another jurisdiction is considered valid in Washington if its creation complied 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, cogent, and convincing evidence.^[9]

Pet Trusts – A trust created to provide for the care of one or more animals is valid. The trust terminates when no animal that has been designated as a beneficiary remains living.^[10]

Signing Requirements – Washington trust law does not require that a living trust be signed.

Spendthrift Provision – Washington state law holds spendthrift provisions or any other restrictions on the interest of a beneficiary to be valid.^[11]

Trustee’s Compensation – The trustee has the power to pay reasonable compensation to themselves or to their co-trustees considering the time, effort, skill, responsibility, and other factors involved in the performance of their fiduciary services.^[12]

Trustee’s Duties – The trustee has a duty to invest and manage trust assets solely in the interests of the beneficiaries.^[13]

Trustee’s Powers – In addition to any other authority otherwise given by law, the trustee has discretionary power to acquire, invest, reinvest, exchange, sell, convey, control, divide, partition, and manage trust property.^[14]