§412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
1. Modification or termination. The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2. Modification of administrative terms. The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
3. Distribution after termination. Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
[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