Notice of Trust to Qualified Beneficiaries (D.C. Code § 19-1308.13)

NOTICE OF TRUST TO QUALIFIED BENEFICIARIES

Pursuant to D.C. Code § 19-1308.13 (DC Uniform Trust Code)

I. IDENTIFICATION OF NOTICE

II. IDENTIFICATION OF SETTLOR AND TRUST (§ 19-1308.13(b)(3))

Name of Settlor(s): [________________________________]

Date of Death of Deceased Settlor (if revocable-to-irrevocable trigger): [__/__/____]

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Date the Trust Became Irrevocable (if applicable): [__/__/____]

Dates of All Amendments and Restatements:

☐ There have been no amendments or restatements to the Trust.

☐ The Trust instrument was executed on or after March 10, 2004 (DC UTC applies).

III. TRIGGERING EVENT NARRATIVE (§ 19-1308.13(b))

This Notice is served because the following event has occurred:

☐ Acceptance of Trusteeship (§ 19-1308.13(b)(2)). The undersigned accepted the trusteeship of the Trust on [__/__/____]. This Notice is served within 60 days of acceptance.

☐ Creation of Irrevocable Trust (§ 19-1308.13(b)(3)). The Trust was created as an irrevocable trust by instrument executed on [__/__/____]. The Trustee acquired knowledge of the creation on [__/__/____]. This Notice is served within 60 days of acquiring knowledge.

☐ Revocable Trust Became Irrevocable (§ 19-1308.13(b)(3)). The Trust was a revocable trust that has become irrevocable by reason of the death of Settlor [________________________________] on [__/__/____] (or other event: [____________________]). The Trustee acquired knowledge of the irrevocability on [__/__/____]. This Notice is served within 60 days of acquiring knowledge.

☐ Change in Method or Rate of Trustee Compensation (§ 19-1308.13(b)(4)). The Trustee gives advance notice of a change in compensation effective [__/__/____]. Prior basis: [____________________]. New basis: [____________________].

IV. TRUSTEE CONTACT INFORMATION (§ 19-1308.13(b)(2))

V. RIGHT TO REQUEST THE TRUST INSTRUMENT (§ 19-1308.13(b)(1) & (b)(3))

You have the right, upon request to the Trustee, to be promptly furnished with a true and complete copy of the Trust Instrument.

To request a copy of the Trust Instrument, contact the Trustee at the address and telephone number set forth in Section IV above. The Trustee will promptly furnish a copy upon request pursuant to D.C. Code § 19-1308.13(b)(1).

VI. RIGHT TO A TRUSTEE'S REPORT (§ 19-1308.13(c))

You have the right, as a qualified beneficiary, to receive a Trustee's Report. Pursuant to D.C. Code § 19-1308.13(c):

• The Trustee shall annually, and at the termination of the Trust, send a report to the distributees and permissible distributees of trust income or principal;
• Upon termination of the Trust, the Trustee shall send a report to other qualified beneficiaries who request it;
• Upon a vacancy in the trusteeship (unless a cotrustee remains in office), the former trustee shall send a report to the qualified beneficiaries.

Pursuant to § 19-1308.13(c)(6), the term "report" means a report of the trust property, liabilities, receipts, disbursements, and distributions, including the source and amount of the Trustee's compensation, a listing of the trust assets, and, if feasible, their respective market values.

To request a Trustee's Report, contact the Trustee at the address in Section IV.

VII. RIGHT TO REASONABLE INFORMATION (§ 19-1308.13(a))

The Trustee shall keep the qualified beneficiaries of the Trust reasonably informed about the administration of the Trust and of the material facts necessary to protect their interests. Unless unreasonable under the circumstances, the Trustee shall promptly respond to a beneficiary's request for information related to the administration of the Trust (D.C. Code § 19-1308.13(a)).

VIII. QUALIFIED BENEFICIARY STATUS (D.C. Code § 19-1301.03(13))

Under D.C. Code § 19-1301.03(13), a "qualified beneficiary" means a beneficiary who, on the date the beneficiary's qualification is determined:

• (A) Is a distributee or permissible distributee of trust income or principal;
• (B) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in (A) terminated on that date without causing the Trust to terminate; or
• (C) Would be a distributee or permissible distributee of trust income or principal if the Trust terminated on that date.

IX. RECIPIENTS OF THIS NOTICE

A. Qualified Beneficiaries Served

B. Representatives Served Pursuant to D.C. Code § 19-1303.03

C. Attorney General of the District of Columbia (Charitable Trusts Only)

☐ Not applicable — the Trust is not a charitable trust.

☐ Applicable — a copy of this Notice has been served on the Office of the Attorney General for the District of Columbia, with jurisdiction over charitable trusts pursuant to D.C. Code § 19-1304.05.

X. METHOD AND DATE OF SERVICE

Service was made by one or more of the following methods, to the last known address of each recipient:

☐ Certified mail, return receipt requested (recommended)

☐ First-class mail, postage prepaid

☐ Personal delivery

☐ Other method reasonably calculated to give actual notice: [____________________]

Date Notice Was Mailed or Personally Delivered: [__/__/____]

XI. JURISDICTION (DC Superior Court, Probate Division)

Any judicial proceeding concerning the administration of the Trust may be filed in the Superior Court of the District of Columbia, Probate Division, which has jurisdiction over trust matters under the DC Uniform Trust Code. Petitions may include, without limitation, petitions to compel information or accounting, construe the Trust, modify or terminate the Trust, remove or appoint a trustee, or impose remedies for breach of trust under D.C. Code §§ 19-1310.01 to 19-1310.04.

XII. TRUSTEE EXECUTION AND VERIFICATION

I, the undersigned Trustee, declare under penalty of perjury under the laws of the District of Columbia that the foregoing Notice is true and correct, that I have served this Notice on the persons identified in Section IX by the methods identified in Section X, and that this Notice is given in compliance with D.C. Code § 19-1308.13.

Executed on [__/__/____] at [____________________], District of Columbia.

Trustee Signature: [________________________________]

Print Name: [________________________________]

Capacity: [________________________________]

XIII. PROOF OF SERVICE

I, the undersigned, declare that I am over the age of 18 years and not a party to this matter. My business or residence address is set forth above. On the date stated above, I served the foregoing NOTICE OF TRUST TO QUALIFIED BENEFICIARIES on each of the persons identified in Section IX by placing a true copy thereof in a sealed envelope, addressed to each such person at the address set forth in Section IX, with postage thereon fully prepaid, and depositing the envelope in the United States Mail at the place stated above, OR by personal delivery as indicated.

I declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct.

Executed on [__/__/____] at [____________________], District of Columbia.

Signature: [________________________________]

Print Name: [________________________________]

SOURCES AND REFERENCES

• D.C. Code § 19-1301.01 et seq. (DC Uniform Trust Code) — https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/13
• D.C. Code § 19-1301.03 (Definitions) — https://code.dccouncil.gov/us/dc/council/code/sections/19-1301.03
• D.C. Code § 19-1301.05 (Default and mandatory rules) — https://code.dccouncil.gov/us/dc/council/code/sections/19-1301.05
• D.C. Code § 19-1303.03 (Representation; basic effect) — https://code.dccouncil.gov/us/dc/council/code/sections/19-1303.03
• D.C. Code § 19-1308.13 (Duty to inform and report) — https://code.dccouncil.gov/us/dc/council/code/sections/19-1308.13
• D.C. Code § 19-1310.05 (Limitation of action against trustee) — https://code.dccouncil.gov/us/dc/council/code/sections/19-1310.05
• Superior Court of the District of Columbia, Probate Division — https://www.dccourts.gov/superior-court/probate-division
• District of Columbia Qualified Dispositions in Trust Act of 1992 (first U.S. DAPT statute, predating Alaska 1997).