RCW 11.97 — EFFECT OF TRUST INSTRUMENT | Revised Code of Washington — Washington

RCW 11.97.010 Power of trustor — Trust provisions control.

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. 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.

RCW 11.97.020 Trust term interpretation and property disposition — Rules of construction.

The rules of construction that apply in this state to the interpretation of a will and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property. The rules of construction that apply in this state to the interpretation of a will and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.

RCW 11.97.900 Application of chapter.

This chapter applies to the provisions of chapters 11.95A , 11.98, 11.100, and 11.104B RCW and to RCW 11.106.020 . This chapter applies to the provisions of chapters 11.95A , 11.98, 11.100, and 11.104B RCW and to RCW 11.106.020 .