Wash. Rev. Code » Title 11 · Chapter 11.97
Revised Code of Washington

Wash. Rev. Code § 11.97.010 (2026)

Power of trustor—Trust provisions control

✓ current as of May 2026
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The trustor of a trust may by the provisions of the trust relieve the trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed by chapters 11.95A, 11.98, 11.100, and 11.104B RCW and RCW 11.106.020, or may alter or deny any or all of the privileges and powers conferred by those provisions; or may add duties, restrictions, liabilities, privileges, or powers to those imposed or granted by those provisions. If any specific provision of those chapters is in conflict with the provisions of a trust, the provisions of the trust control whether or not specific reference is made in the trust to any of those chapters, except as provided in RCW 6.32.250, 11.96A.190, 19.36.020, 11.98.002, 11.98.200 through 11.98.240, 11.98.072(1), 11.95A.350 through 11.95A.375, and chapter 11.103 RCW. In no event may a trustee be relieved of the duty to act in good faith and with honest judgment. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee must exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
[ 2021 c 140 s 3611; 2013 c 272 s 7; 2011 c 327 s 12; 2003 c 254 s 4; 1993 c 339 s 1; 1985 c 30 s 38. Prior: 1984 c 149 s 64; 1959 c 124 s 2. Formerly RCW 30.99.020.]

Notes:

Effective date—2021 c 140 ss 3101-3614: See RCW 11.95A.903.
Application—2013 c 272: See note following RCW 11.98.002.
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Severability—1993 c 339: See note following RCW 11.98.200.
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.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1991–2021 · leading case: Sources for Sustainable Communities v. Bldg. Indus. Ass'n, 293 P.3d 1206 (Wash. Ct. App. 2013).
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Sources for Sustainable Communities v. Bldg. Indus. Ass'n, 293 P.3d 1206 (Wash. Ct. App. 2013). · cites it 2× “And former RCW 11.97.010 (2003) provides in relevant part, “The trustor of a trust may by the provision of the trust relieve the trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed by [statute.”
In Re Est. of Hitchcock, 167 P.3d 1180 (Wash. Ct. App. 2007). · cites it 4× “¶ 13 RCW 11.97.010 allows any trustor to include provisions in the trust that relieve *1183 the trustee from any or all the duties imposed by RCW 11.”
Vaughn v. Montague, 924 F. Supp. 2d 1256 (W.D. Wash. 2013). “RCW 11.97.010. Where the instrument vests discretion in the trustee, the court will not interfere with that discretion and only reviews for abuse of that discretion.”
Godette v. Est. of Cox, 592 A.2d 1028 (D.C. 1991). “1977) (because of express statutory authorization, will may relieve corporate executor of all duties, restrictions, and liabilities); Wash.Rev.Code Ann. § 11.97.010 (1987) (trustor may relieve trustee from any duty or liability imposed by statute, except duty to act in good…”
Venables v. Seattle-First Nat'l Bank, 808 P.2d 769 (Wash. Ct. App. 1991). · cites it 2× “1 See also RCW 11.97.010. The act provides: (1) A trust shall be administered with due regard to the respective interests of income beneficiaries and remaindermen.”
In re the Est. of Hitchcock, 167 P.3d 1180 (Wash. Ct. App. 2007). · cites it 4× “¶13 RCW 11.97.010 allows any trustor to include provisions in the trust that relieve the trustee from any or all the duties imposed by RCW 11.”
In Re Est. Of: Eddie Kanyer: Kevin Kanyer, App. v. Mary Ellen Kanyer, Resp. (Wash. Ct. App. 2013). · cites it 4× “Significantly, while RCW 11.97.010 allows any trustor to include provisions in the trust that relieve the trustee from compliance with RCW 11.”
In Re Joanne K Blankenship Survivor's Trust (Wash. Ct. App. 2021). · cites it 2× “Nathan counters that despite the Trust’s language, he has a right to information under RCW 11.97.010, which allows a trustor to relieve a trustee of certain duties, except those provided by, as applicable here, RCW 11.”
Douglas & Netti Bryson, Apps. v. Stewart Title Guar. Co., Et Ano. Resps. (Wash. Ct. App. 2015). “See former RCW 11.97.010(3) (2011); RCW 11.106.040. In summary, the Brysons have failed to demonstrate anyfacts establishing Stewart Title's obligation to provide an accounting.”
Wash. Rev. Code § 11.97.010(3): 1 case
Douglas & Netti Bryson, Apps. v. Stewart Title Guar. Co., Et Ano. Resps. (Wash. Ct. App. 2015). “See former RCW 11.97.010(3) (2011); RCW 11.106.040. In summary, the Brysons have failed to demonstrate anyfacts establishing Stewart Title's obligation to provide an accounting.”
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