TRUST PROTECTOR AGREEMENT
(Washington)
This Trust Protector Agreement (“Agreement”) is entered into on [DATE] by and among:
- [SETTLOR NAME] (“Settlor”)
- [TRUSTEE NAME] (“Trustee”)
- [TRUST PROTECTOR NAME] (“Trust Protector”)
This Agreement supplements the [TRUST NAME] dated [TRUST DATE] (“Trust”).
1. APPOINTMENT
Settlor appoints [TRUST PROTECTOR NAME] as Trust Protector. The Trust Protector accepts the appointment subject to the terms of this Agreement and the Trust.
2. SCOPE OF AUTHORITY
The Trust Protector shall have the following powers, exercisable in a fiduciary or non-fiduciary capacity as specified in the Trust:
☐ Remove and replace the Trustee
☐ Resolve trustee deadlock (if co-trustees)
☐ Modify administrative provisions to comply with changes in law
☐ Amend governing law or situs of administration
☐ Approve or veto discretionary distributions
☐ Interpret ambiguous trust provisions
☐ Other powers: [OTHER POWERS]
3. LIMITATIONS
The Trust Protector shall not:
- Exercise powers for personal benefit or in conflict with beneficiaries’ interests
- Make distributions to the Trust Protector unless expressly authorized
- Serve as Trustee unless permitted by the Trust
4. STANDARD OF CARE
☐ Fiduciary standard
☐ Non-fiduciary power holder standard as specified in the Trust
Unless otherwise specified, the Trust Protector shall act in good faith and in accordance with the Trust’s purposes and beneficiaries’ interests.
5. COMPENSATION AND EXPENSES
The Trust Protector shall be compensated as follows: [COMPENSATION TERMS] and is entitled to reimbursement of reasonable expenses.
6. REPORTING AND COMMUNICATION
The Trust Protector shall provide written notice to the Trustee and affected beneficiaries when exercising material powers, unless the Trust provides otherwise.
7. SUCCESSOR TRUST PROTECTOR
If the Trust Protector resigns, dies, or is unable to serve, a successor may be appointed as follows:
☐ By the Trustee
☐ By the beneficiaries (majority interest)
☐ By a designated third party: [NAME]
☐ Other: [METHOD]
8. RESIGNATION AND REMOVAL
The Trust Protector may resign upon [NOTICE PERIOD] written notice to the Trustee. The Trust Protector may be removed by [REMOVAL AUTHORITY] upon [NOTICE/CAUSE].
9. INDEMNIFICATION
The Trust Protector shall be indemnified from trust assets for actions taken in good faith and within the scope of authority, except for willful misconduct or gross negligence.
10. GOVERNING LAW
This Agreement shall be governed by the laws of Washington, unless the Trust provides otherwise.
11. SIGNATURES
Settlor: ________________________________ Date: ____________
Name: [SETTLOR NAME]
Trustee: ________________________________ Date: ____________
Name: [TRUSTEE NAME]
Trust Protector: ________________________________ Date: ____________
Name: [TRUST PROTECTOR NAME]
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