Revised Code of Washington

Wash. Rev. Code § 11.98.108 (2026)

✓ current as of May 2026

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A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:

(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.

[ 2011 c 327 s 30.]

Notes:

Application—Effective date—2011 c 327: See notes following RCW 11.103.020.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2017–2024 · leading case: In re Breast Cancer Prevention Fund, 574 B.R. 193 (Bankr. W.D. Wash. 2017).

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In re Breast Cancer Prevention Fund, 574 B.R. 193 (Bankr. W.D. Wash. 2017). “onal account or which is otherwise affected by a conflict between the trustee’s fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless: (a) The transaction was authorized by the terms of the trust; [[Image here]] (d) The beneficiary…”

Decker v. Stewart, Jr. (Bankr. E.D. Cal. 2024). “070; 1 ratified the transaction, or released the trustee in compliance with RCW 11.98.108; or 2 (e) The transaction involves a contract entered into or 3 claim acquired by the trustee before the person became or contemplated becoming trustee.”

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