Revised Code of Washington
Chapter 11.98 - Trusts.
11.98.130 - Rule against perpetuities.

RCW 11.98.130
Rule against perpetuities.

No provision of an instrument creating a trust, including the provisions of any further trust created, and no other disposition of property made pursuant to exercise of a power of appointment granted in or created through authority under such instrument is invalid under the rule against perpetuities, or any similar statute or common law, during the one hundred fifty years following the effective date of the instrument.
Thereafter, unless the trust assets have previously become distributable or vested, the provision or other disposition of property is deemed to have been rendered invalid under the rule against perpetuities.

[ 2001 c 60 § 1; 1985 c 30 § 55. Prior: 1984 c 149 § 87; 1965 c 145 § 11.98.010; prior: 1959 c 146 § 1. Formerly RCW 11.98.010.]
NOTES:

Application—2001 c 60: "This act applies to any irrevocable trust with an effective date on or after January 1, 2002. Unless the trust instrument otherwise provides, this act does not apply to: (1) Any irrevocable trust with an effective date prior to January 1, 2002; or (2) a revocable inter vivos trust or testamentary trust with an effective date on or after January 1, 2002, if at all times after the date of enactment the creator of the revocable inter vivos trust or testamentary trust was not competent to revoke, amend, or modify the instrument." [ 2001 c 60 § 4.]


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

Revised Code of Washington

Title 11 - Probate and Trust Law

Chapter 11.98 - Trusts.

11.98.002 - Definitions.

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.

11.98.039 - Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary.

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.

11.98.070 - Power of 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.

11.98.160 - Effective date of irrevocable inter vivos trust—Effective date of revocable inter vivos or testamentary trust.

11.98.170 - Designation of trustee as beneficiary of life insurance policy or retirement plan—Determination of proper recipient of proceeds—Definitions—Beneficiary designations executed before January 1, 1985, not invalidated.

11.98.200 - Beneficiary trustee—Limitations on power.

11.98.210 - Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.

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.

11.98.920 - Short title.

11.98.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.