(a) (1) A noncharitable irrevocable trust may be terminated on consent of the trustee and all beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust.
(2) A noncharitable irrevocable trust may be modified on consent of the trustee and all beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
(b) The existence of a spendthrift provision or similar protective language in the terms of the trust does not prevent a termination of a trust under subsection (a)(1) of this section.
(c) On termination of a trust under subsection (a)(1) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries.
(d) If not all beneficiaries consent to a proposed modification or termination of the trust under subsection (a) of this section, the modification or termination may be approved by the court if the court is satisfied that:
(1) If all beneficiaries had consented, the trust could have been modified or terminated under this section; and
(2) The interests of a beneficiary that does not consent will be adequately protected.
Structure Maryland Statutes
Title 14.5 - Maryland Trust Act
Subtitle 4 - Creation, Validity, Modification, and Termination of Trust
Section 14.5-401 - Creation of Trust
Section 14.5-402 - Requirements
Section 14.5-403 - Validity of Trust Not Created by Will
Section 14.5-404 - Purposes and Benefits
Section 14.5-405 - Void Trusts
Section 14.5-406 - Oral Trusts Established by Clear and Convincing Evidence
Section 14.5-407 - Trusts for Care of Animal
Section 14.5-408 - Noncharitable Trusts
Section 14.5-409 - Termination of Trusts; Institution of Proceedings
Section 14.5-410 - Modification or Termination of Trust
Section 14.5-412 - Termination Without Court Order -- Procedure
Section 14.5-413 - Reforming Terms of Trust
Section 14.5-414 - Modification of Terms for Purposes of Taxes