D.C. Code § 19-1306.03

Settlor’s powers; powers of withdrawal.

Effective Mar 21, 2025Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208; Mar. 21, 2025, D.C. Law 25-298, § 2(b)(4)
  1. (a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
  2. (b) While a trust is not revocable, for so long as a person has a currently exercisable power of withdrawal over the entire principal of the trust, the duties of a trustee are owed exclusively to such person.
  3. (c) While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary shall have the right to enforce the settlor’s intent to benefit the beneficiary during the settlor’s incapacity.
  4. (d) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.

History

Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208

Mar. 21, 2025, D.C. Law 25-298, § 2(b)(4)

Editor's Notes

Uniform Law: This section is based upon § 603 of the Uniform Trust Code.

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