Settlor’s powers; powers of withdrawal

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(a) While a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

(b) While a trust is not revocable, for so long as a person has a currently exercisable power of withdrawal over the entire principal of the trust, the duties of a trustee are owed exclusively to such person.

(c) While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary shall have the right to enforce the settlor’s intent to benefit the beneficiary during the settlor’s incapacity.

(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)

Editor's Notes

Uniform Law: This section is based upon § 603 of the Uniform Trust Code.


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