11 chapters · 244 sections in this title.
D.C. Code § 19-1101 Definitions
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For the purposes of this chapter, the term: (1) “Adult” means an individual who is at least 18 years of age. (2) “Beneficiary” means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual’s use and be…
D.C. Code § 19-1102 Custodial trust; general
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(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the…
D.C. Code § 19-1103 Custodial trustee for future payment or transfer
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(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: “as custodial trustee for (name…
D.C. Code § 19-1104 Form and effect of receipt and acceptance by custodial trustee; jurisdiction
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(a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee’s acceptance, express or implied, of the custodial trust property. (b) The custodial trustee’s acceptance may be evidenced…
D.C. Code § 19-1105 Transfer to custodial trustee by fiduciary or obligor; facility of payment
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(a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 19-1103, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a tran…
D.C. Code § 19-1106 Multiple beneficiaries; separate custodial trusts; survivorship
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(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of spouses or domestic partners, for whom survivo…
D.C. Code § 19-1107 General duties of custodial trustee
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(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or re…
D.C. Code § 19-1108 General powers of custodial trustee
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(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only. (b)…
D.C. Code § 19-1109 Use of custodial trust property
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(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary’s use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (b) If the beneficiary is incapacitated, the custodial trus…
D.C. Code § 19-1110 Determination of incapacity; effect
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(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if: (1) The custodial trust was created under section 19-1105; (2) The transferor has so directed in the instrument creating the custodial trust; or (3) The custodial trustee has de…
D.C. Code § 19-1111 Exemption of third person from liability
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A third person, in good faith and without a court order, may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is n…
D.C. Code § 19-1112 Liability to third person
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(a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third …
D.C. Code § 19-1113 Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee
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(a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor’s legal representative. If an event giving rise to a transfer has not occurred, the…
D.C. Code § 19-1114 Expenses, compensation, and bond of custodial trustee
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Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee: (1) Is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiducia…
D.C. Code § 19-1115 Reporting and accounting by custodial trustee; determination of liability of custodial trustee
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(a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property once each year, upon request…
D.C. Code § 19-1116 Limitations of action against custodial trustee
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(a) Except as provided in subsection (c) of this section, unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is …
D.C. Code § 19-1117 Distribution on termination
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(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (1) To the beneficiary, if not incapacitated or deceased; (2) To the conservator or other recipient designated by the court for an incapacitated beneficiary; o…
D.C. Code § 19-1118 Methods and forms for creating custodial trusts
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(a) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 19-1102 are satisfied by: (1) The execution and either delivery to the custodial trustee or recording of an instrument in …
D.C. Code § 19-1119 Applicable law
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(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in the District o…
D.C. Code § 19-1120 Uniformity of application and construction
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.