§409. Noncharitable trust without ascertainable beneficiary
Except as otherwise provided in section 408 or by another statute, the following rules apply. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
1. Noncharitable purpose. A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2. Enforcement. A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
3. Intended use of property. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise, to the settlor's successors in interest.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
Structure Maine Revised Statutes
Part 1: MAINE UNIFORM TRUST CODE
Chapter 4: CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST
18-B §401. Methods of creating trust
18-B §402. Requirements for creation
18-B §403. Trusts created in other jurisdictions
18-B §405. Charitable purposes; enforcement
18-B §406. Creation of trust induced by fraud, duress or undue influence
18-B §407. Evidence of oral trust
18-B §408. Trust for care of animal
18-B §409. Noncharitable trust without ascertainable beneficiary
18-B §410. Modification or termination of trust; proceedings for approval or disapproval
18-B §411. Modification or termination of noncharitable irrevocable trust by consent
18-B §414. Modification or termination of uneconomic trust
18-B §415. Reformation to correct mistakes