If a trustee is a beneficiary of the trust and the trust instrument confers the power
to make distributions of principal or income for the trustee's health, education,
support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a trust provision
purporting to confer “absolute,” “sole,” “complete,” “conclusive,” or a similar discretion
relating to the exercise of such trustee powers shall be disregarded in the exercise
of the power, and the power may then only be exercised reasonably and in accordance
with the ascertainable standard as set forth in RCW 11.98.200 and this section. A person who has the right to remove or to replace a trustee does not possess nor
may the person be deemed to possess by virtue of having that right the powers of the
trustee who is subject to removal or replacement.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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