Revised Code of Washington

Wash. Rev. Code § 11.100.130 (2026)

✓ current as of May 2026

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Whenever power or authority to direct or control the acts of a fiduciary or the investments of a trust is conferred directly or indirectly upon any person other than the designated trustee of the trust, such person shall be deemed to be a fiduciary and shall be liable to the beneficiaries of the trust and to the designated trustee to the same extent as if he or she were a designated trustee in relation to the exercise or nonexercise of such power or authority.

[ 1995 c 307 s 6; 1985 c 30 s 77. Prior: 1973 1st ex.s. c 89 s 2. Formerly RCW 30.24.130.]

Notes:

Application—1995 c 307: See note following RCW 11.100.010.

Short title—Application—Purpose—Severability—1985 c 30: See RCW 11.02.900 through 11.02.903.

Notes of Decisions

Cited in 2 cases, 1994–1994 · leading case: In Re New England Mut. Life Ins. Co. Litig., 841 F. Supp. 345 (W.D. Wash. 1994).

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In Re New England Mut. Life Ins. Co. Litig., 841 F. Supp. 345 (W.D. Wash. 1994). · cites it 5× “Plaintiffs also contend that they may sue defendants directly under RCW 11.100.130, [3] which provides: Whenever power or authority to direct or control the acts of a trustee or the investments of a trust is conferred directly or indirectly upon any person other than the…”

Timmons v. New England Mut. Life Ins., 841 F. Supp. 344 (W.D. Wash. 1994). · cites it 3× “RCW 11.100.130 states that an entity upon whom investment authority is conveyed is to be liable to beneficiaries “to the same extent *350 as if he were a designated trustee.”

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