Revised Code of Washington

Wash. Rev. Code § 11.98.009 (2026)

Application of chapter

✓ current as of May 2026

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Except as provided in this section, this chapter applies to express trusts executed by the trustor after June 10, 1959, and does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature of mortgages or pledges, liquidation trusts, or trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, trusts created in deposits in any financial institution pursuant to *chapter 30.22 RCW, unless any such trust which is created in writing incorporates this chapter in whole or in part.

[ 2011 c 327 s 14; 1985 c 30 s 40. Prior: 1984 c 149 s 67; 1983 c 3 s 49; 1959 c 124 s 1. Formerly RCW 30.99.010.]

Notes:

*Reviser's note: Chapter 30.22 RCW was recodified as chapter 30A.22 RCW pursuant to 2014 c 37 s 4, effective January 5, 2015.

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.

Notes of Decisions

Cited in 3 cases, 1993–2019 · leading case: Gillespie v. Seattle-First Nat'l Bank, 855 P.2d 680 (Wash. Ct. App. 1993).

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Gillespie v. Seattle-First Nat'l Bank, 855 P.2d 680 (Wash. Ct. App. 1993). · cites it 2× “060(1) excludes from its coverage any trust not defined as an "express" trust under RCW 11.98.009. RCW 11.98.009 excludes from the definition of "express" trusts all resulting trusts and constructive trusts, together with a lengthy list of other types of trusts not here relevant.”

Austin v. U.S. Bank, 869 P.2d 404 (Wash. Ct. App. 1994). “009, but including all express trusts, whenever executed, for any breach of fiduciary duty, must be brought within three years from the earlier of (a) the time the alleged breach was discovered or reasonably should have been discovered, (b) the discharge of a trustee from the…”

North Oakes Manor, App/cross/resp v. 2nd Half Llc, Res/cross-app (Wash. Ct. App. 2019). “RCW 11.98.009. An express trust is created only if the trustor has capacity to create a trust, indicates an intention to create the trust, and the trust has a definite beneficiary.”

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