Petition to Modify or Terminate Trust (District of Columbia)

PETITION TO MODIFY OR TERMINATE TRUST

(District of Columbia — D.C. Code §§ 19-1304.10 through 19-1304.16)

COURT INFORMATION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

PROBATE DIVISION

Case No.: [____________] Case Type: [____________]

Calendar / Judge: [________________________________]

Hearing Date: [__/__/____] Time: [____] Courtroom: [____]

IN THE MATTER OF:

Name of Trust: [________________________________]

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

Settlor(s): [________________________________]

Date of Settlor's Death (if applicable): [__/__/____]

Type of Trust:
☐ Revocable Living Trust (now irrevocable by reason of death/incapacity of settlor)
☐ Irrevocable Inter Vivos Trust
☐ Testamentary Trust (under Will of [________________________________])
☐ Charitable Trust (identify the principal place of administration and any notice rights under § 19-1301.10(c))
☐ Special Needs Trust
☐ Other: [________________________________]

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Capacity and Authority of Petitioner (see §§ 19-1304.10(b), 19-1304.11(a)(1)–(3)) (check one or more):
☐ Acting Trustee of the Trust
☐ Co-Trustee
☐ Successor Trustee (appointed [__/__/____])
☐ Settlor (living) — authorized to commence under § 19-1304.10(b) for proceedings under § 19-1304.11
☐ Settlor of Charitable Trust — authorized to commence § 19-1304.13 cy pres proceeding
☐ Acting on behalf of the Settlor as conservator (appointment Case No. [____________]; supervising-court approval [____________])
☐ Acting on behalf of the Settlor as guardian (appointment Case No. [____________]; supervising-court approval [____________])
☐ Acting on behalf of the Settlor as agent under Power of Attorney (modification authority expressly granted by the power or trust terms — § 19-1304.11(a)(1))
☐ Beneficiary — current income / mandatory distribution
☐ Beneficiary — discretionary distribution
☐ Beneficiary — remainder / contingent
☐ Qualified Beneficiary (§ 19-1301.03(14))
☐ Other: [________________________________]

Address of Petitioner:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___) ___-____] Email: [________________________________]

Attorney for Petitioner:
Name: [________________________________]
D.C. Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [(___) ___-____] Email: [________________________________]

II. TRUST IDENTIFICATION

Full Legal Name of Trust: [________________________________]

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

Amendments (list date and exhibit reference):

1. [__/__/____] — Amendment No. [__], attached as Exhibit [__]
2. [__/__/____] — Restatement, attached as Exhibit [__]

Trust Status:
☐ Revocable (settlor living and competent)
☐ Irrevocable by terms of instrument
☐ Irrevocable by reason of settlor's death under trust provision [____________] on [__/__/____]
☐ Irrevocable under an identified trust provision after settlor incapacity (provision [____________]; determination [__/__/____])

Governing Law Claimed: District of Columbia, based on trust provision or applicable choice-of-law rule [____________]

Principal Place of Administration: [________________________________]

Current Acting Trustee(s): [________________________________]

Approximate Current Fair Market Value of Trust Assets: $[__________]

Summary of Trust Assets (full inventory attached as Exhibit B):

III. JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction over this proceeding under D.C. Code § 11-921 (Superior Court general jurisdiction) and D.C. Code § 19-1302.01 et seq. (judicial proceedings concerning trusts under the D.C. Uniform Trust Code).

2. If the Trust's principal place of administration is in D.C., D.C. Code § 19-1302.02 supplies personal jurisdiction over the trustee who accepts trusteeship or moves administration here and over beneficiaries as to their trust interests. If relying on another basis, identify it and supporting facts: [________________________________].

3. The Trust's principal place of administration is [________________________________]. The factual basis for invoking this Court's jurisdiction and applying D.C. law is: [________________________________]. Section 19-1301.08 addresses the principal place of administration; identify any other jurisdictional basis separately.

4. Petitioner has standing under D.C. Code § 19-1304.10(b) as [☐ trustee; ☐ beneficiary; ☐ settlor (proceedings under § 19-1304.11); ☐ settlor of charitable trust (§ 19-1304.13)].

IV. STATUTORY BASIS FOR RELIEF

Petitioner seeks relief on each of the following grounds (check all that apply):

A. § 19-1304.11 — Modification or Termination by Consent (Noncharitable Irrevocable Trust)

☐ § 19-1304.11(a) — Consent of Settlor and All Beneficiaries. The Settlor and all beneficiaries consent in writing (consents attached as Exhibit C). Modification or termination is permitted EVEN IF inconsistent with a material purpose of the Trust.

☐ The Settlor's consent is exercised by: ☐ the Settlor personally; ☐ an agent expressly authorized by the power of attorney or the trust terms (§ 19-1304.11(a)(1)); ☐ the Settlor's conservator with approval of the supervising court if no agent is so authorized (§ 19-1304.11(a)(2)); ☐ the Settlor's guardian with approval of the supervising court if no agent is so authorized and no conservator is appointed (§ 19-1304.11(a)(3)).

☐ § 19-1304.11(b) — Consent of All Beneficiaries (Settlor Deceased or Not Consenting). All beneficiaries consent and:
☐ Continuance of the Trust is NOT necessary to achieve any material purpose (TERMINATION); OR
☐ Modification is NOT inconsistent with a material purpose (MODIFICATION).

☐ § 19-1304.11(c) — Spendthrift Provision. The Trust [☐ does ☐ does not] contain a spendthrift provision. Petitioner notes that under § 19-1304.11(c), a spendthrift provision is NOT presumed to constitute a material purpose of the Trust.

☐ § 19-1304.11(e) — Non-Consenting Beneficiaries. Not all beneficiaries consent. The non-consenting beneficiaries are: [________________________________]. The interests of non-consenting beneficiaries are adequately protected because: [________________________________].

B. § 19-1304.12 — Unanticipated Circumstances / Inability to Administer Trust Effectively

☐ § 19-1304.12(a) — Unanticipated Circumstances. Because of circumstances NOT anticipated by the Settlor, modification or termination of the Trust will further the purposes of the Trust. To the extent practicable, the modification shall be made in accordance with the Settlor's probable intention. The unanticipated circumstances are: [________________________________].

☐ § 19-1304.12(b) — Inability to Administer Effectively. Continuation of the Trust on its existing terms would be impracticable or wasteful or would impair the trust's administration. The administrative terms to be modified are: [________________________________].

C. § 19-1304.13 — Cy Pres (Charitable Trusts)

☐ The Trust is a charitable trust, and its terms do not provide otherwise. The particular charitable purpose has become [☐ unlawful; ☐ impracticable; ☐ impossible to achieve; ☐ wasteful]. Petitioner requests application or distribution of trust property consistently with the Settlor's charitable purposes, as follows: [________________________________].

D. § 19-1304.14 — Uneconomic Trust ($50,000 Threshold)

☐ § 19-1304.14(a) — Trustee-Initiated Termination (Under $50,000). The Trust property has a total value of LESS than $50,000 ($[__________]). After notice to qualified beneficiaries, the Trustee has concluded that the value of trust property is insufficient to justify the cost of administration, and seeks court confirmation of termination.

☐ § 19-1304.14(b) — Court-Initiated Modification/Termination. Petitioner requests the Court to [☐ modify; ☐ terminate; ☐ remove the trustee and appoint a different trustee] because the value of trust property ($[__________]) is insufficient to justify the cost of administration.

☐ § 19-1304.14(d) — Easement Exclusion. Petitioner confirms this section does NOT apply to a conservation or preservation easement.

E. § 19-1304.15 — Reformation to Correct Mistakes

☐ The terms of the Trust contain a mistake of fact or law (whether in expression or inducement). Clear and convincing evidence of the Settlor's actual intent, and of the mistake, is set out in Section V and Exhibits [____]. Petitioner requests reformation to conform the Trust to the Settlor's actual intent.

F. § 19-1304.16 — Modification to Achieve Settlor's Tax Objectives

☐ The proposed modification is needed to achieve the Settlor's identified tax objective: [________________________________]. The applicable tax authority and proposed effect are set out in Exhibit [____].

☐ The modification is not contrary to the Settlor's probable intention.

☐ Petitioner requests the modification be given retroactive effect to the extent permitted by § 19-1304.16.

G. § 19-1301.11 — Court Approval of Nonjudicial Settlement Agreement (Alternative)

☐ The interested persons have entered into a nonjudicial settlement agreement (attached as Exhibit D) under § 19-1301.11 and request court approval, a determination that representation was adequate, and a determination that the agreement contains terms the court could have properly approved.

V. FACTUAL BACKGROUND

5. The Trust was established by [________________________________] (the "Settlor") by instrument dated [__/__/____], a true and correct copy of which is attached as Exhibit A.

6. The Settlor [☐ is living and competent; ☐ is living but incapacitated (determination dated __/__/____); ☐ died on __/__/____].

7. The original Trustee was [________________________________]. The current acting Trustee(s) is/are [________________________________], having accepted office on [__/__/____].

8. The Trust currently holds assets with an approximate fair market value of $[__________], described in the inventory attached as Exhibit B.

9. The principal purposes of the Trust, as expressed in the trust instrument, are:
   (a) [________________________________]
   (b) [________________________________]
   (c) [________________________________]

10. Petitioner is informed and believes, and on that basis alleges, the following operative facts giving rise to this petition:

[________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]

11. With respect to material purpose, unanticipated circumstances, and/or settlor's intent (as applicable to the statutory basis in Section IV):

[________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]

12. The position of each beneficiary as to the proposed modification or termination is summarized in Section VI and, where applicable, in the written consents attached as Exhibit C.

13. The Trustee's reporting history is: [________________________________]. For a trust created under an instrument executed on or after March 10, 2004, describe any notice under D.C. Code § 19-1308.13(b) and annual reports to distributees and permissible distributees under subsection (c), subject to any beneficiary waiver. Subsections (a) through (c) do not apply to an instrument executed before that date (§ 19-1308.13(e)).

VI. PARTIES; BENEFICIARIES; PERSONS ENTITLED TO NOTICE

This Petition must be served under Super. Ct. Prob. R. 105 and 604 by the filing date, unless a specific statute or rule provides otherwise. If the Court sets a hearing, it gives hearing notice under Rules 105(e)(2) and 106. Section 19-1301.09(d) directs judicial-proceeding notice to the applicable procedural rules. Identify affected parties and other persons entitled to notice below; § 19-1301.10 adds notice rights for certain beneficiaries and charitable interests.

A. Trustees

B. Qualified Beneficiaries (§ 19-1301.03(14))

C. Settlor

☐ Settlor (if living): [________________________________], Address: [________________________________]
☐ Conservator of Settlor (if any): [________________________________]
☐ Guardian of Settlor (if any): [________________________________]

D. Other Beneficiaries and Interested Persons

E. D.C. Corporation Counsel (Charitable Trust Interest)

☐ This charitable trust's principal place of administration is in D.C. Under § 19-1301.10(c), the District's Corporation Counsel has qualified-beneficiary rights. Current receiving office and address: [________________________________]. Notice method and date: [________________________________].

F. Persons Under Legal Disability — Representation Under §§ 19-1303.01 to 19-1303.05

☐ Minor beneficiaries (list): [________________________________]
☐ Incapacitated beneficiaries (list): [________________________________]
☐ Unborn or unascertained beneficiaries
☐ Representation invoked under the applicable paragraph of §§ 19-1303.02–19-1303.04, with no disqualifying conflict: [________________________________]

Petitioner requests that the Court [☐ determine the representation under §§ 19-1303.02–19-1303.04 is adequate; ☐ appoint a representative under § 19-1303.05 for: ____________].

VII. PROPOSED MODIFICATION OR TERMINATION TERMS

14. Petitioner proposes the following specific modification, reformation, or termination of the Trust:

A. If Modification or Reformation:

The following provisions of the Trust shall be modified to read as follows:

B. If Termination:

☐ The Trust shall terminate effective [__/__/____].

☐ The Trustee shall distribute remaining property under the selected statutory route: as agreed by beneficiaries under § 19-1304.11(d), or consistently with trust purposes under § 19-1304.12(c) or § 19-1304.14(c). Proposed recipients, shares, assets, and reserves: [________________________________].

☐ The Trustee shall exercise appropriate winding-up powers under § 19-1308.16(26) and proceed expeditiously with distribution, subject to a reasonable reserve for debts, expenses, and taxes under § 19-1308.17(b).

C. Effect on Material Purpose

The proposed modification/termination is consistent with — or, alternatively, where necessary, overrides — the Settlor's material purpose because: [________________________________].

VIII. PRIOR PROCEEDINGS AND RELATED MATTERS

15. There are no prior court proceedings concerning this Trust except: [☐ None ☐ Case No. ____________ in [court], styled [____________]].

16. There is no pending litigation involving the Trust or its assets except: [☐ None ☐ ____________].

17. No trust protector has acted (or available action by a trust protector has been considered and is insufficient) to address the issue in this petition, OR the trust protector has acted as follows: [☐ N/A ☐ ____________].

18. A nonjudicial settlement agreement under § 19-1301.11 [☐ has been considered and is not feasible because: ____________; ☐ has been executed and is submitted for court approval as Exhibit D].

IX. ATTORNEY'S FEES AND COSTS

19. Petitioner has incurred, and will continue to incur, reasonable attorney's fees and costs in bringing this petition for the benefit of the Trust and its beneficiaries.

20. Petitioner requests that the Court, as justice and equity may require under D.C. Code § 19-1310.04, award reasonable fees and costs payable from [☐ the Trust; ☐ another party; ☐ as the Court determines]. The factual basis for the request is: [________________________________].

X. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays that the Court enter an order:

A. Finding that the Court has jurisdiction under D.C. Code § 11-921 and § 19-1302.01 et seq., and that all persons entitled to notice have been duly served;

B. Finding that the statutory grounds for relief checked in Section IV are satisfied, including specific findings as to material purpose, consent, unanticipated circumstances, uneconomic status, mistake, and/or tax objectives as applicable;

C. ☐ Modifying the Trust under § 19-1304.11 as set forth in Section VII.A;

D. ☐ Terminating the Trust under § 19-1304.11 effective [__/__/____] and directing distribution as set forth in Section VII.B;

E. ☐ Modifying the Trust under § 19-1304.12 (unanticipated circumstances or inability to administer effectively);

F. ☐ Applying trust property under § 19-1304.13 (cy pres) to the substitute charitable purpose set forth in Section IV.C;

G. ☐ Terminating the Trust under § 19-1304.14 as uneconomic, or removing/replacing the Trustee;

H. ☐ Reforming the Trust under § 19-1304.15 to conform to the Settlor's actual intent;

I. ☐ Modifying the Trust under § 19-1304.16 to achieve the Settlor's tax objectives, with retroactive effect to the extent permitted;

J. ☐ Approving the nonjudicial settlement agreement under § 19-1301.11;

K. ☐ Determining representation under §§ 19-1303.02–19-1303.04 is adequate or appointing a representative under § 19-1303.05;

L. ☐ Approving the Trustee's account, if properly filed and served concurrently, to the extent supported by the record and the Court's order;

M. Awarding, if justice and equity warrant, reasonable attorney's fees and costs under § 19-1310.04;

N. Granting such other and further relief as the Court deems just and proper.

XI. VERIFICATION

Executed on [__/__/____] at [________________________________] (city), [____] (state).

If verifying for another person or entity, my representative capacity is [____________], and I am authorized to verify this petition on that person's or entity's behalf by [____________].

I, [PETITIONER NAME], do solemnly declare and affirm under penalty of law, including penalty of perjury, that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief.

Signature of Petitioner: ______________________________

Printed Name: [________________________________]

XII. SIGNATURE OF ATTORNEY

Respectfully submitted,

Dated: [__/__/____]

________________________________
[Attorney Name]
D.C. Bar No. [____________]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Petitioner

EXHIBITS

• Exhibit A: Trust Instrument dated [__/__/____] and all amendments
• Exhibit B: Inventory of Trust Assets as of [__/__/____]
• Exhibit C: Written consents of settlor and/or beneficiaries (if applicable under § 19-1304.11)
• Exhibit D: Nonjudicial Settlement Agreement under § 19-1301.11 (if applicable)
• Exhibit E: Evidence of unanticipated circumstances / mistake / tax-objective basis (correspondence, tax returns, expert declarations)
• Exhibit F: Order appointing conservator or guardian of settlor (if § 19-1304.11(a)(2) or (a)(3))
• Exhibit G: Notice list and proof of service
• Exhibit H: Trustee's report and accounting under § 19-1308.13 (if filed concurrently)
• Exhibit I: [Other supporting documentation]
• Separate Proposed Order: File a separate proposed order stating the requested relief under Super. Ct. Prob. R. 105(b)(3).

CERTIFICATE / PROOF OF SERVICE

I certify that on [__/__/____], I caused a copy of this Petition and its filed exhibits to be served on the parties and interested persons listed below. Complete service no later than filing unless a specific statute or rule provides otherwise (Super. Ct. Prob. R. 105(d)).

________________________________
[Name of Person Serving]

D.C.-SPECIFIC PRACTICE NOTES

• Filing court and procedure: Superior Court of the District of Columbia, Probate Division. Rule 604 permits a trust petition subject to Rule 105; the court may order that it proceed as a complaint. Rule 603 requires a complaint for a challenge to the trust's validity. Rule 105 requires a separate proposed order and service on the parties and interested persons listed in the certificate.
• Statutory framework: D.C.'s Trust Code took effect March 10, 2004. Apply current D.C. Code Title 19, Chapter 13 and the selected modification or termination section to the trust's facts.
• Material purpose / spendthrift: § 19-1304.11(c) does not presume a spendthrift provision to be a material purpose. For beneficiary-only consent under subsection (b), the court still decides whether the proposed change conflicts with a material purpose.
• Non-consenting beneficiaries: § 19-1304.11(e) allows court-approved modification/termination if (1) the trust could have been modified/terminated under § 19-1304.11 with all consents, and (2) the interests of non-consenting beneficiaries are adequately protected.
• Uneconomic threshold: § 19-1304.14(a) — trustee may terminate WITHOUT court order if total trust property is less than $50,000 (after notice to qualified beneficiaries). § 19-1304.14(b) — court has discretion regardless of value if continuation is uneconomic.
• Cy pres / charitable: § 19-1304.13 addresses cy pres. For a charitable trust principally administered in D.C., § 19-1301.10(c) gives the District's Corporation Counsel qualified-beneficiary rights. Identify recipients and follow the applicable court notice rules for the petition.
• Reformation evidentiary standard: § 19-1304.15 — clear and convincing evidence of both the Settlor's intent and the mistake (in expression or inducement).
• Tax-objective modifications: § 19-1304.16 permits retroactive effect. Identify and support the actual tax objective with applicable authority before seeking this relief.
• Nonjudicial settlement (§ 19-1301.11): An agreement among the required interested persons may settle a trust matter only within the statute's material-purpose and court-approvable-terms limits. An interested person may request court review under subsection (e).
• Settlor's creditors (§ 19-1305.05): For an irrevocable trust, a settlor's creditor or assignee may reach the maximum amount distributable to or for that settlor's benefit, subject to the section's multiple-settlor allocation rule.
• Privacy (Super. Ct. Prob. R. 109): Redact individual Social Security and driver's license numbers and financial account numbers as the rule directs. An unredacted inventory or accounting with financial account numbers requires the separate sealed form prescribed by the Register of Wills; other unredacted copies require a motion and court permission. Check other applicable privacy requirements before filing.
• Trustee's duty to inform (§ 19-1308.13): Check the instrument's execution date, any beneficiary waiver, required notices, and reports to the recipients specified in subsection (c). Subsections (a) through (c) do not apply to a pre-March 10, 2004 instrument.

SOURCES AND REFERENCES

• D.C. Code Title 19, Chapter 13
• D.C. Code § 19-1301.11 (Nonjudicial Settlement Agreements)
• D.C. Code §§ 19-1304.10 through 19-1304.16 (Modification and Termination)
• D.C. Code §§ 19-1303.01 to 19-1303.05 (Representation)
• D.C. Code § 19-1305.05 (Creditor's Claim Against Settlor)
• D.C. Code § 19-1308.13 (Duty to Inform and Report)
• D.C. Code § 11-921 (Superior Court Jurisdiction)
• Superior Court Rules of the Probate Division, Rules 103, 105, 109, 604