Rule 603 - Trust Proceedings Commenced by Complaint(a) TYPE OF PROCEEDING. (1)When Required. The following actions are commenced by filing a complaint: (A) an action for payment of a claim from a revocable trust when a notice of existence of a trust that was revocable at the settlor's death is not filed under Rule 601;(B) an action for payment of a claim that was disallowed by the trustee against a trust that was revocable at the settlor's death; and(C) an action to challenge the validity of a trust.(2)By Court Order. Unless a statute provides otherwise, on request of an interested person or on its own initiative, the court may order that a petition be treated as a complaint or that a complaint be filed.(b) APPLYING CIVIL RULES. (1)In General. Except as modified in Rule 603(b)(2) or as otherwise ordered by the court, the Superior Court Rules of Civil Procedure apply to a contested proceeding commenced by a complaint under Rule 603(a)(1) or (2).(2)Summons. (A)In General. Together with the complaint, the plaintiff must complete and file a summons for each defendant on the form maintained by the Register of Wills. On filing of the complaint and summons, the clerk must issue the summons and an initial order to be served with the complaint in accordance with the civil rules.(B)Consenting Defendants. The plaintiff is not required to serve a summons on any defendant whose consent answer to the relief requested in the complaint is filed with the complaint.(c) REQUIRED PARTIES. (1)In General. The defendants must include the following persons if they are not plaintiffs: (A) the settlor, if living;(B) each qualified beneficiary, or any representative of that qualified beneficiary, whose interest in the trust is or may be affected in the action;(D) if contesting the validity of the trust, interested persons as set forth in D.C. Code § 19-1306.04(a)(3) (2012 Repl.).(2) Beneficiary Not Named as a Party. (A)Content of Complaint. When a beneficiary of the trust is not named as a party in the complaint, the complaint must state: (i) the name and address of each beneficiary not named as a party;(ii) the nature of that beneficiary's interest;(iii) why that beneficiary does not need to be a party to the action; and(iv) whether the trustee or any other person has discretion to affect the beneficiary's present or future beneficial enjoyment of the trust estate and, if so, describe the nature of that discretion and state whether the discretion either has been or may be exercised.(B)Notice of Complaint. The plaintiff must serve a copy of the complaint personally or by first class mail on each beneficiary not named as a defendant, a representative of that beneficiary, an agent authorized to receive notice to that beneficiary, or a person of suitable age and discretion then residing with that beneficiary.(d) NO CONTINUING SUPERVISION. Unless otherwise ordered by the court, after the conclusion of the proceeding, the court will not continue to supervise a trust action initiated under this rule. Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
D.C. Code § 19-1302.01(b) (2012 Repl.) provides that a trust is not subject to continuing judicial supervision unless ordered by the court.
The circumstances in which one person may represent and bind another person with respect to that other person's interest in a trust are set out in D.C. Code §§ 191303.01 to -.05 (2012 Repl.).