RCW 11.98.045
Criteria for transfer of trust assets or administration.
(1) If a trust is a Washington trust under RCW 11.98.005, a trustee may transfer the situs of the trust to a jurisdiction other than Washington if the trust instrument so provides or in accordance with RCW 11.98.051 or 11.98.055.
(2) Transfer under this section is permitted only if:
(a) The transfer would facilitate the economic and convenient administration of the trust;
(b) The transfer would not materially impair the interests of the qualified beneficiaries or others interested in the trust;
(c) The transfer does not violate the terms of the trust;
(d) The new trustee is qualified and able to administer the trust or such assets on the terms set forth in the trust; and
(e) The trust meets at least one condition for situs listed in RCW 11.98.005(1) with respect to the new jurisdiction.
(3) Acceptance of such transfer by a foreign corporate trustee or trust company under this section or RCW 11.98.051 or 11.98.055 may not be construed to be doing a "trust business" as described in *RCW 30.08.150(9).
[ 2013 c 272 § 14; 2011 c 327 § 23; 1985 c 30 § 45. Prior: 1984 c 149 § 74.]
NOTES:
*Reviser's note: RCW 30.08.150 was recodified as RCW 30A.08.150 pursuant to 2014 c 37 § 4 and amended by 2014 c 37 § 167, deleting subsection (9), effective January 5, 2015.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Short title—Application—Purpose—Severability—1985 c 30:See RCW 11.02.900 through 11.02.903.
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.98.005 - Trust situs and governing law.
11.98.008 - Trust creation—Methods.
11.98.009 - Application of chapter.
11.98.011 - Trust creation—Requirements.
11.98.012 - Trust creation—Other jurisdictions.
11.98.013 - Trust creation—Allowable purposes.
11.98.014 - Trust creation—Oral trusts.
11.98.015 - Noncharitable trusts without ascertainable beneficiaries.
11.98.016 - Exercise of powers by co-trustees.
11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.
11.98.019 - Relinquishment of powers by trustee.
11.98.029 - Resignation of trustee.
11.98.041 - Change of trustee—Discharge of outgoing trustee, when.
11.98.045 - Criteria for transfer of trust assets or administration.
11.98.051 - Nonjudicial transfer of trust assets or administration—Notice—Consent required.
11.98.055 - Judicial transfer of situs of trusts.
11.98.060 - Power of successor trustee.
11.98.065 - Change in form of corporate trustee.
11.98.071 - Trustee's delegation of duties.
11.98.072 - Trustee—Notification requirements.
11.98.075 - Certification of trust.
11.98.078 - Trustee duty of loyalty.
11.98.080 - Consolidation of trusts.
11.98.085 - Trustee—Breach of trust—Damages.
11.98.100 - Nonliability for action or inaction based on lack of knowledge of events.
11.98.105 - Nonliability of third persons without knowledge of breach.
11.98.107 - Trustee exculpation.
11.98.108 - Nonliability of trustee—Beneficiary's consent, release, or ratification.
11.98.110 - Contract and tort liability.
11.98.130 - Rule against perpetuities.
11.98.140 - Distribution and vesting of assets.
11.98.145 - Distribution upon termination.
11.98.150 - Distribution of assets after one hundred fifty-year period.
11.98.200 - Beneficiary trustee—Limitations on power.
11.98.220 - Beneficiary trustee—Inferences of law—Judicial review.
11.98.230 - Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
11.98.240 - Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.
11.98.900 - Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
11.98.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.