Title 11 — Title 11 PROBATE AND TRUST LAW

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian or successor custodian and, in the absence of knowledge, is not responsible for …

(1) A claim based on:(a) A contract entered into by a custodian acting in a custodial capacity;(b) An obligation arising from the ownership or control of custodial property;(c) A tort committed during the custodianship, may be asserted against the custodial property by proceeding…

(1) A person nominated under RCW 11.114.030 or designated under RCW 11.114.090 as custodian may decline to serve. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under RCW 11.114.030, the perso…

(1) A minor who has attained the age of eighteen years, the minor's legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (a) for an accounting by the custodian or the custodian's legal representat…

(1) Subject to RCW 11.114.220, the custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:(a) The minor's attainment of twenty-one years of age with respect to custodial property transferred under RCW 11.…

This chapter applies to a transfer within the scope of RCW 11.114.020 made after July 1, 1991, if:(1) The transfer purports to have been made under the Washington uniform gifts to minors act; or(2) The instrument by which the transfer purports to have been made uses in substance …

(1) Any transfer of custodial property as now defined in this chapter made before July 1, 1991, is validated notwithstanding that there was no specific authority in the Washington uniform gifts to minors act for the coverage of custodial property of that kind or for a transfer fr…

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.[ 1991 c 193 s 23.]

This chapter may be cited as the uniform transfers to minors act.[ 1991 c 193 s 24.]

To the extent that this chapter, by virtue of RCW 11.114.220(2), does not apply to transfers made in a manner prescribed in the uniform gifts to minors act of Washington or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dea…

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.[ 1991 c 193 s 34.]

The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals. Under the common law such trusts were unenforceable at law. The legislature intends that such trusts be recognized as valid, and that such trusts be enforceabl…

As used in this chapter, "animal" means a nonhuman animal with vertebrae.[ 2001 c 327 s 2.]

A trust for the care of one or more animals is valid. The animals that are to be benefited by the trust may be individually identified, or may be identified in such other manner that they can be readily identified. Unless otherwise provided in the trust instrument or in this chap…

Except as expressly provided otherwise in the trust instrument or in RCW 11.118.070, and except as may be necessary to pay the trustee reasonable compensation and to reimburse the trustee for reasonable costs incurred on behalf of the trust, no portion of the principal or income …

Upon termination of the trust, the trustee shall transfer the unexpended trust property in the following order:(1) As directed in the instrument;(2) If the trust was created in a nonresiduary clause in the trustor's will or in a codicil to the trustor's will and the will or codic…

The intended use of the principal or income can be enforced by a person designated for that purpose in the trust instrument, by the person having custody of an animal that is a beneficiary of the trust, or by a person appointed by a court upon application to it by any person. Suc…

Except as ordered by the court or required by the trust instrument, no filing, report, registration, or periodic accounting shall be required of the trust or the trustee.[ 2001 c 327 s 7.]

If no trustee is designated or no designated trustee is willing or able to serve, the court shall name a trustee. The court may order the removal of an acting trustee and the transfer of the property to another trustee if it is necessary or appropriate in order to assure that the…

In construing the language of a trust for an animal, the governing instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained in a trust for an animal is not merely precatory or honorary in nature unless it can be sh…

RCW 11.98.130 through 11.98.160 apply to trusts that are subject to this chapter.[ 2001 c 327 s 11.]

Except as otherwise provided in the trust instrument or in this chapter, all powers and duties conferred on a trustee under Washington law also apply to the trustee of a trust for animals.[ 2001 c 327 s 12.]

This chapter applies to trusts that are created on or after July 22, 2001, and to trusts that are in existence on July 22, 2001, but that are revocable by the trustor on July 22, 2001. If a trustor is incompetent to exercise a power of revocation on July 22, 2001, this chapter do…

This act may be known and cited as the revised uniform fiduciary access to digital assets act.[ 2016 c 140 s 1.]

In this chapter:(1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.(2) "Agent" means an attorney-in-fact granted author…

(1) This chapter applies to:(a) A fiduciary acting under a will or power of attorney executed before, on, or after June 9, 2016;(b) A personal representative acting for a decedent who died before, on, or after June 9, 2016;(c) A guardian acting for an incapacitated person appoint…

(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…

(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.(2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the…

(1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:(a) Grant a fiduciary or designated recipient full access to the user's account;(b) Grant a fiduciary or designated recipient partial access to the user's account sufficient …

If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if…

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications s…

Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of that account held in trust, including a catalogue of electronic communications of the trustee and the content of elect…

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, mainta…

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried…

(1) Unless otherwise ordered by the court, a guardian or conservator appointed under chapter 11.130 RCW has the right to access an incapacitated person's digital assets other than the content of electronic communications.(2) Unless otherwise ordered by the court or directed by th…

(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:(a) The duty of care;(b) The duty of loyalty; and(c) The duty of confidentiality.(2) A fiduciary's or designated recipient's authority with res…

(1) Not later than sixty days after receipt of the information required under RCW 11.120.070 through 11.120.150, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodia…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2016 c 140 s 17.]

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. S…

Chapter 209, Laws of 2016 may be known and cited as the uniform power of attorney act.[ 2016 c 209 s 101.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includ…

(1) This chapter applies to all powers of attorney except:(a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;(b) A proxy or other delegation to e…

The authority conferred under a power of attorney created prior to January 1, 2017, and also for a power of attorney created on or after January 1, 2017, terminates upon the incapacity of the principal unless the writing contains the words "This power of attorney shall not be aff…

*** CHANGE IN 2026 *** (SEE 2604.SL) ***(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witn…

(1) A power of attorney executed in this state on or after January 1, 2017, is valid if its execution complies with RCW 11.125.050.(2) A power of attorney executed in this state before January 1, 2017, is valid if its execution complied with the law of this state as it existed at…

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.[ 2016 c 209 s 107.]

(1) In a power of attorney, a principal may nominate a conservator of the estate or guardian of the person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good c…

(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.(2) If a power of attorney becomes effective upon the occurrence of a futur…