§1225. Later-discovered property
1. Distribution of all principal of first trust. Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the decanting power is part of the trust estate of the 2nd trust or trusts.
[PL 2021, c. 235, §1 (NEW).]
2. Distribution of less than all principal of first trust. Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the decanting power remains part of the trust estate of the first trust.
[PL 2021, c. 235, §1 (NEW).]
3. Disposition by fiduciary. An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a 2nd trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after the exercise of the decanting power.
[PL 2021, c. 235, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 235, §1 (NEW).
Structure Maine Revised Statutes
Part 1: MAINE UNIFORM TRUST CODE
Chapter 12: MAINE UNIFORM TRUST DECANTING ACT
18-B §1205. Application; governing law
18-B §1206. Reasonable reliance
18-B §1207. Notice; exercise of decanting power
18-B §1210. Decanting power under expanded distributive discretion
18-B §1211. Decanting power under limited distributive discretion
18-B §1212. Trust for beneficiary with disability
18-B §1213. Protection of charitable interest
18-B §1214. Trust limitation on decanting
18-B §1215. Change in compensation
18-B §1216. Relief from liability and indemnification
18-B §1217. Removal or replacement of authorized fiduciary
18-B §1218. Tax-related limitations
18-B §1219. Duration of 2nd trust
18-B §1220. Need to distribute not required
18-B §1222. Trust for care of animal
18-B §1223. Terms of 2nd trust
18-B §1225. Later-discovered property
18-B §1227. Uniformity of application and construction
18-B §1228. Relation to Electronic Signatures in Global and National Commerce Act