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Chapter 1: GENERAL PROVISIONS AND DEFINITIONS
18-B §101. Short title - §101. Short title This Part may be known and cited...
18-B §102. Scope - §102. Scope This Code applies to express trusts, charitable or...
18-B §103. Definitions - §103. Definitions As used in this Code, unless the context...
18-B §104. Knowledge - §104. Knowledge 1. Person. Subject to subsection 2, a person...
18-B §105. Default and mandatory rules - §105. Default and mandatory rules 1. Code governs. Except as...
18-B §106. Common law of trusts; principles of equity - §106. Common law of trusts; principles of equity The common...
18-B §107. Governing law - §107. Governing law The meaning and effect of the terms...
18-B §108. Principal place of administration - §108. Principal place of administration 1. Terms of trust controlling....
18-B §109. Methods and waiver of notice - §109. Methods and waiver of notice 1. Manner. Notice to...
18-B §110. Others treated as qualified beneficiaries - §110. Others treated as qualified beneficiaries 1. Charitable organization or...
18-B §111. Nonjudicial settlement agreements - §111. Nonjudicial settlement agreements 1. Interested persons defined. For purposes...
18-B §112. Rules of construction - §112. Rules of construction The rules of construction that apply...
Chapter 2: JUDICIAL PROCEEDINGS
18-B §201. Role of court in administration of trust - §201. Role of court in administration of trust 1. Intervention....
18-B §202. Jurisdiction over trustee and beneficiary - §202. Jurisdiction over trustee and beneficiary 1. Trustee. By accepting...
18-B §203. Subject matter jurisdiction - §203. Subject matter jurisdiction 1. Concurrent jurisdiction. The Probate Court...
18-B §204. Venue - §204. Venue 1. Trust. Except as otherwise provided in subsection...
Chapter 3: REPRESENTATION
18-B §301. Representation; basic effect - §301. Representation; basic effect 1. Notice. Notice to a person...
18-B §302. Representation by holder of general testamentary power of appointment - §302. Representation by holder of general testamentary power of appointment...
18-B §303. Representation by fiduciaries and parents - §303. Representation by fiduciaries and parents To the extent there...
18-B §304. Representation by person having substantially identical interest - §304. Representation by person having substantially identical interest Unless otherwise...
18-B §305. Appointment of representative - §305. Appointment of representative 1. Interest not represented; representation inadequate....
Chapter 4: CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST
18-B §401. Methods of creating trust - §401. Methods of creating trust A trust may be created...
18-B §402. Requirements for creation - §402. Requirements for creation 1. Requirements. A trust is created...
18-B §403. Trusts created in other jurisdictions - §403. Trusts created in other jurisdictions A trust not created...
18-B §404. Trust purposes - §404. Trust purposes A trust may be created only to...
18-B §405. Charitable purposes; enforcement - §405. Charitable purposes; enforcement 1. Purposes. A charitable trust may...
18-B §406. Creation of trust induced by fraud, duress or undue influence - §406. Creation of trust induced by fraud, duress or undue...
18-B §407. Evidence of oral trust - §407. Evidence of oral trust Except as required by a...
18-B §408. Trust for care of animal - §408. Trust for care of animal 1. To provide care...
18-B §409. Noncharitable trust without ascertainable beneficiary - §409. Noncharitable trust without ascertainable beneficiary Except as otherwise provided...
18-B §410. Modification or termination of trust; proceedings for approval or disapproval - §410. Modification or termination of trust; proceedings for approval or...
18-B §411. Modification or termination of noncharitable irrevocable trust by consent - §411. Modification or termination of noncharitable irrevocable trust by consent...
18-B §412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively - §412. Modification or termination because of unanticipated circumstances or inability...
18-B §413. Cy pres - §413. Cy pres 1. Charitable purpose becomes unlawful, impracticable, impossible...
18-B §414. Modification or termination of uneconomic trust - §414. Modification or termination of uneconomic trust 1. Termination by...
18-B §415. Reformation to correct mistakes - §415. Reformation to correct mistakes The court may reform the...
18-B §416. Modification to achieve settlor's tax objectives - §416. Modification to achieve settlor's tax objectives To achieve the...
18-B §417. Combination and division of trusts - §417. Combination and division of trusts After notice to the...
Chapter 5: CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS
18-B §501. Rights of beneficiary's creditor or assignee - §501. Rights of beneficiary's creditor or assignee To the extent...
18-B §502. Spendthrift provision - §502. Spendthrift provision 1. Restrains voluntary and involuntary transfers. A...
18-B §503. Exceptions to spendthrift provision - §503. Exceptions to spendthrift provision There are no exceptions to...
18-B §504. Discretionary trusts; effect of standard - §504. Discretionary trusts; effect of standard 1. Creditor may not...
18-B §505. Creditor's claim against settlor - §505. Creditor's claim against settlor 1. Creditor's claims. Whether or...
18-B §506. Overdue distribution - §506. Overdue distribution 1. Definitions. As used in this section,...
18-B §507. Personal obligations of trustee - §507. Personal obligations of trustee Trust property is not subject...
Chapter 6: REVOCABLE TRUSTS
18-B §601. Capacity of settlor of revocable trust - §601. Capacity of settlor of revocable trust The capacity required...
18-B §602. Revocation or amendment of revocable trust - §602. Revocation or amendment of revocable trust 1. Revocable unless...
18-B §603. Settlor's powers; powers of withdrawal - §603. Settlor's powers; powers of withdrawal 1. Revocable trust. To...
18-B §604. Limitation on action contesting validity of revocable trust; distribution of trust property - §604. Limitation on action contesting validity of revocable trust; distribution...
Chapter 7: OFFICE OF TRUSTEE
18-B §701. Accepting or declining trusteeship - §701. Accepting or declining trusteeship 1. Acceptance. Except as otherwise...
18-B §702. Trustee's bond - §702. Trustee's bond 1. Bond. A trustee shall give bond...
18-B §703. Cotrustees - §703. Cotrustees 1. Unanimous decision; majority decision. Cotrustees who are...
18-B §704. Vacancy in trusteeship; appointment of successor - §704. Vacancy in trusteeship; appointment of successor 1. Vacancy. A...
18-B §705. Resignation of trustee - §705. Resignation of trustee 1. Resignation. A trustee may resign:...
18-B §706. Removal of trustee - §706. Removal of trustee 1. Request to remove trustee. The...
18-B §707. Delivery of property by former trustee - §707. Delivery of property by former trustee 1. Duties of...
18-B §708. Compensation of trustee - §708. Compensation of trustee 1. Reasonable. If the terms of...
18-B §709. Reimbursement of expenses - §709. Reimbursement of expenses 1. Reimbursement. A trustee is entitled...
Chapter 8: DUTIES AND POWERS OF TRUSTEE
18-B §801. Duty to administer trust - §801. Duty to administer trust Upon acceptance of a trusteeship,...
18-B §802. Duty of loyalty - §802. Duty of loyalty 1. Interests of beneficiaries. A trustee...
18-B §803. Impartiality - §803. Impartiality If a trust has 2 or more beneficiaries,...
18-B §804. Prudent administration - §804. Prudent administration A trustee shall administer the trust as...
18-B §805. Costs of administration - §805. Costs of administration In administering a trust, the trustee...
18-B §806. Trustee's skills - §806. Trustee's skills A trustee who has special skills or...
18-B §807. Delegation by trustee - §807. Delegation by trustee 1. Delegation. A trustee may delegate...
18-B §808. Powers to direct (REPEALED) - §808. Powers to direct (REPEALED) SECTION HISTORY PL 2003, c....
18-B §809. Control and protection of trust property - §809. Control and protection of trust property A trustee shall...
18-B §810. Record keeping and identification of trust property - §810. Record keeping and identification of trust property 1. Adequate...
18-B §811. Enforcement and defense of claims - §811. Enforcement and defense of claims A trustee shall take...
18-B §812. Collecting trust property - §812. Collecting trust property A trustee shall take reasonable steps:...
18-B §813. Duty to inform and report - §813. Duty to inform and report 1. Inform beneficiaries. A...
18-B §814. Discretionary powers; tax savings - §814. Discretionary powers; tax savings 1. Discretionary power; interests of...
18-B §815. General powers of trustee - §815. General powers of trustee 1. General powers. A trustee,...
18-B §816. Specific powers of trustee - §816. Specific powers of trustee Without limiting the authority conferred...
18-B §817. Distribution upon termination - §817. Distribution upon termination 1. Proposed distribution. Upon termination or...
Chapter 9: MAINE UNIFORM PRUDENT INVESTOR ACT
18-B §901. Prudent investor rule - §901. Prudent investor rule 1. Duty to comply. Except as...
18-B §902. Standard of care; portfolio strategy; risk and return objectives - §902. Standard of care; portfolio strategy; risk and return objectives...
18-B §903. Diversification - §903. Diversification A trustee shall diversify the investments of the...
18-B §904. Duties at inception of trusteeship - §904. Duties at inception of trusteeship Within a reasonable time...
18-B §905. Reviewing compliance - §905. Reviewing compliance Compliance with the prudent investor rule is...
18-B §906. Language invoking standard of chapter - §906. Language invoking standard of chapter The following terms or...
18-B §907. Uniformity of application and construction - §907. Uniformity of application and construction This chapter must be...
18-B §908. Short title - §908. Short title This chapter may be known and cited...
Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
18-B §1001. Remedies for breach of trust - §1001. Remedies for breach of trust 1. Violation of duty....
18-B §1002. Damages for breach of trust - §1002. Damages for breach of trust 1. Damages. A trustee...
18-B §1003. Damages in absence of breach - §1003. Damages in absence of breach 1. Accountable for profit....
18-B §1004. Attorney's fees and costs - §1004. Attorney's fees and costs In a judicial proceeding involving...
18-B §1005. Limitation of action against trustee - §1005. Limitation of action against trustee 1. Report; one-year limitation....
18-B §1006. Reliance on trust instrument - §1006. Reliance on trust instrument A trustee who acts in...
18-B §1007. Event affecting administration or distribution - §1007. Event affecting administration or distribution If the happening of...
18-B §1008. Exculpation of trustee - §1008. Exculpation of trustee 1. Exculpation unenforceable. A term of...
18-B §1009. Beneficiary's consent, release or ratification - §1009. Beneficiary's consent, release or ratification A trustee is not...
18-B §1010. Limitation on personal liability of trustee - §1010. Limitation on personal liability of trustee 1. Not personally...
18-B §1011. Interest as general partner - §1011. Interest as general partner 1. Not personally liable on...
18-B §1012. Protection of person dealing with trustee - §1012. Protection of person dealing with trustee 1. Exceeding or...
18-B §1013. Certification of trust - §1013. Certification of trust 1. Information. Instead of furnishing a...
Chapter 11: MISCELLANEOUS PROVISIONS
18-B §1101. Uniformity of application and construction - §1101. Uniformity of application and construction In applying and construing...
18-B §1102. Electronic records and signatures - §1102. Electronic records and signatures The provisions of this Code...
18-B §1103. Effective date - §1103. Effective date This Code takes effect on July 1,...
18-B §1104. Application to existing relationships - §1104. Application to existing relationships 1. Application. Except as otherwise...
Chapter 12: MAINE UNIFORM TRUST DECANTING ACT
18-B §1201. Short title - §1201. Short title This Act may be known and cited...
18-B §1202. Definitions - §1202. Definitions As used in this Act, unless the context...
18-B §1203. Scope - §1203. Scope 1. Express trust. Except as otherwise provided in...
18-B §1204. Fiduciary duty - §1204. Fiduciary duty 1. Act in accordance with fiduciary duty....
18-B §1205. Application; governing law - §1205. Application; governing law 1. This State. This Act applies...
18-B §1206. Reasonable reliance - §1206. Reasonable reliance A trustee or other person that reasonably...
18-B §1207. Notice; exercise of decanting power - §1207. Notice; exercise of decanting power 1. Notice period. For...
18-B §1208. Court involvement - §1208. Court involvement 1. Application to court. On application of...
18-B §1209. Formalities - §1209. Formalities An exercise of the decanting power must be...
18-B §1210. Decanting power under expanded distributive discretion - §1210. Decanting power under expanded distributive discretion 1. Definitions. As...
18-B §1211. Decanting power under limited distributive discretion - §1211. Decanting power under limited distributive discretion 1. Limited distributive...
18-B §1212. Trust for beneficiary with disability - §1212. Trust for beneficiary with disability 1. Definitions. As used...
18-B §1213. Protection of charitable interest - §1213. Protection of charitable interest 1. Definitions. As used in...
18-B §1214. Trust limitation on decanting - §1214. Trust limitation on decanting 1. Decanting power prohibited. An...
18-B §1215. Change in compensation - §1215. Change in compensation 1. Compensation specified. If a first-trust...
18-B §1216. Relief from liability and indemnification - §1216. Relief from liability and indemnification 1. Liability for breach...
18-B §1217. Removal or replacement of authorized fiduciary - §1217. Removal or replacement of authorized fiduciary An authorized fiduciary...
18-B §1218. Tax-related limitations - §1218. Tax-related limitations 1. Definitions. As used in this section,...
18-B §1219. Duration of 2nd trust - §1219. Duration of 2nd trust 1. Duration. Subject to subsection...
18-B §1220. Need to distribute not required - §1220. Need to distribute not required An authorized fiduciary may...
18-B §1221. Savings provision - §1221. Savings provision 1. Second-trust instrument in part not in...
18-B §1222. Trust for care of animal - §1222. Trust for care of animal 1. Definitions. As used...
18-B §1223. Terms of 2nd trust - §1223. Terms of 2nd trust A reference in this Title...
18-B §1224. Settlor - §1224. Settlor 1. Settlor of first trust is settlor of...
18-B §1225. Later-discovered property - §1225. Later-discovered property 1. Distribution of all principal of first...
18-B §1226. Obligations - §1226. Obligations A debt, liability or other obligation enforceable against...
18-B §1227. Uniformity of application and construction - §1227. Uniformity of application and construction In applying and construing...
18-B §1228. Relation to Electronic Signatures in Global and National Commerce Act - §1228. Relation to Electronic Signatures in Global and National Commerce...
18-B §1229. Effective date - §1229. Effective date This Act takes effect October 1, 2021....