Irrevocable Trust - District of Columbia

District of Columbia Estate Planning & Wills Updated October 21, 2026 Free Word and PDF

IRREVOCABLE TRUST

[TRUST NAME] — District of Columbia — [__/__/____]

Before you use this: Identify property actually transferred in Schedule A, name all current and remainder beneficiaries, and set a termination date before signing. A separate deed or account transfer may be needed for titled assets; listing them here alone does not complete that transfer.

1. Creation and property

I, [SETTLOR FULL NAME], of [ADDRESS], establish the [TRUST NAME] Irrevocable Trust by delivering the property identified as presently transferred in Schedule A to [TRUSTEE FULL NAME], of [ADDRESS], as trustee. The trustee acknowledges receipt of that property and accepts the trust. The trustee shall also hold later property effectively transferred to the trustee under these terms. District of Columbia law governs this trust.

This trust is for the present benefit of the current beneficiaries in Schedule B and the future benefit of the remainder beneficiaries identified there. The trustee has the duties in this instrument and applicable law.

2. Irrevocability

This trust is irrevocable. I reserve no unilateral right to revoke, amend, or terminate it, and no right under this instrument to receive trust property. This provision does not limit a lawful modification or termination under D.C. Code § 19-1304.11. A private instruction by the settlor alone does not change this trust.

3. Distributions before termination

Until the termination date in Schedule B, the trustee may distribute income or principal to or for a current beneficiary's health, education, maintenance, or support, taking into account the beneficiary's other resources known to the trustee. The trustee may make different distributions to different current beneficiaries according to their needs. Undistributed income becomes principal at the end of each trust accounting year. The trustee shall not distribute to the settlor under this instrument.

4. Trustee administration

The trustee shall keep trust property separate from personal property and preserve records of receipts, expenses, distributions, and investments. The trustee shall act in good faith under the terms and purposes of this trust, the beneficiaries' interests, and D.C. Code § 19-1308.01. The trustee may retain, invest, sell, lease, insure, and manage trust property; employ advisers; pay proper trust expenses; and make the distributions this trust directs. The trustee shall give notices, information, and reports as required by D.C. Code § 19-1308.13. Reasonable trustee compensation and proper expenses may be paid from trust property.

The interests of beneficiaries are held subject to a spendthrift restraint on both voluntary and involuntary transfer before receipt. This restraint is subject to exceptions and court orders allowed by D.C. Code § 19-1305.03 and other applicable law. Nothing in this instrument excuses breach of trust or caps a trustee's personal liability beyond applicable law.

5. Successor trustee

If the first trustee cannot or will not serve, [FIRST SUCCESSOR FULL NAME AND ADDRESS] shall serve; if that person cannot or will not serve, [SECOND SUCCESSOR FULL NAME AND ADDRESS] shall serve. A successor accepts by signed writing kept with the trust records. The outgoing trustee shall deliver trust property and records to the successor. A trustee may resign by written notice to the current adult beneficiaries and next named successor. Further appointments and removals shall follow applicable law.

6. Termination and remainder

The trust terminates on [__/__/____]. After reserving proper administration expenses and satisfying enforceable trust obligations, the trustee shall distribute the remaining property outright in the percentages in Schedule B. Each share goes to the named remainder beneficiary if living on the termination date, otherwise to the alternate in that row. If neither survives, that share is divided proportionately among the other surviving remainder beneficiaries or alternates. If none survives, all remaining property goes to [FINAL CONTINGENT RECIPIENT FULL NAME AND ADDRESS]. The trustee may distribute cash or property in kind, using fair values to allocate shares, and shall give the final report required by law.

7. Signatures

I intend to create this irrevocable trust and have delivered the initial property in Schedule A to the trustee.

Settlor signature: ______________________________ Date: [__/__/____]

Printed name: [SETTLOR FULL NAME]

I acknowledge receipt of the initial trust property and accept the trusteeship under these terms.

Trustee signature: ______________________________ Date: [__/__/____]

Printed name: [TRUSTEE FULL NAME]

Schedule A — initial trust property

Identifiable property and location or account identifier Actual transfer method and date
[DESCRIPTION] [DELIVERY / DEED / RETITLING; DATE]
[DESCRIPTION] [METHOD; DATE]

Schedule B — beneficiaries and termination

Termination date: [__/__/____]

Current beneficiaries eligible for discretionary distributions before termination: [FULL NAMES AND ADDRESSES]

Remainder shares must total 100%.

Remainder beneficiary (full name and address) Share Alternate (full name and address)
[NAME AND ADDRESS] [__]% [NAME AND ADDRESS]
[NAME AND ADDRESS] [__]% [NAME AND ADDRESS]
Total 100%

Final contingent recipient: [FULL NAME AND ADDRESS]

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About this template

Last updated
October 21, 2026
Citations checked
October 21, 2026
Jurisdiction
District of Columbia
Category
Estate Planning & Wills

Legal authority

  • D.C. Code § 19-1304.01
  • D.C. Code § 19-1304.02
  • D.C. Code § 19-1304.11
  • D.C. Code § 19-1305.02
  • D.C. Code § 19-1305.03
  • D.C. Code § 19-1306.02
  • D.C. Code § 19-1308.01
  • D.C. Code § 19-1308.13
  • D.C. Code § 19-1310.08
  • D.C. Code § 19-1310.10

Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 21, 2026.

D.C. Code § 19-1310.08(a)(1) (checked October 20, 2026): "Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries"

D.C. Code § 19-1310.10(b) (checked October 20, 2026): "A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault."

D.C. Code § 19-1306.02(a) (checked October 17, 2026): "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this chapter [March 10, 2004]."

D.C. Code § 19-1304.01 (checked October 21, 2026): "A trust may be created by: (1) Transfer of property to another person as trustee during the settlor’s lifetime"

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