MARYLAND STATUTES (source: www.michie.lexisnexis.com)

TITLE 14. TRUSTS

Subtitle 1. General Provisions.

14­101. General jurisdiction of courts concerning trusts.

14­102. Applicability of certain provisions of Estates of Decedents Law to trusts.

14­103. Commissions.

14­104. Judge, clerk, or register of wills not to serve as trustee.

14­105. Protection of person dealing with trustee.

14­106. Division or consolidation.

14­107. Termination of certain trusts without an order of court.

14­108. Compliance with environmental laws.

14­109. Prohibition from exercising powers conferred upon trustee.

14­110. Permissible holders of trust or fiduciary powers.

14­111. Donation of conservation easement.

Subtitle 2. Principal and Income.

14­201 to 14­214. [Repealed].

Subtitle 3. Charitable Trusts.

14­301. General enforcement.

14­302. Uniform Charitable Trusts Administration Act.

14­303. Prohibited acts.

14­304. Amendment of instrument to conform to Internal Revenue Code.

14­305. Distributions.

14­306. Judicial determination concerning application of §§ 14­303 and 14­305.

14­307. Rights and powers of courts and Attorney General.

14­308. [Repealed].

Subtitle 4. Maryland Discretionary Trust Act.

14­401. Definitions.

14­402. Rights, duties or obligations of trustee, beneficiary, transferor, declarant or persons dealing with them.

14­403. Eligibility to create trust; trustees; trustee succession.

14­404. Creation of trust.

14­405. Administration by trustee.

14­406. Termination.

14­407. Forms.

14­408. Short title.

§ 14­101. General jurisdiction of courts concerning trusts.

A court having equity jurisdiction has general superintending power with respect to trusts. The provisions of Titles 1 through 13 of this article do not affect or supersede this power.

[An. Code 1957, art. 16, § 108; 1974, ch. 11, § 2.]

§ 14­102. Applicability of certain provisions of Estates of Decedents Law to trusts.

In the absence of express language to the contrary, the rules contained in §§ 1­202, 1­203, 1­204, 1­205, 1­206, 1­207, 1­208, 1­209, and 1­210.1 of this article shall be applied in construing the terms of an inter vivos trust. Whenever any of those statutory sections refer to a "will," "estate," or similar terms relevant primarily to wills and estates or the takers under them, the terms shall be modified to mean "trust instrument," "trust," or similar terms to reflect the application of the principles of those sections to inter vivos trusts.

[An. Code 1957, art. 16, § 108; 1974, ch. 11, § 2; ch. 361; 1982, ch. 464.]

§ 14­103. Commissions.

(a) General rule.­

(1) A testamentary trustee and trustee of any other trust whose duties comprise the collection and distribution of income from property held under a trust agreement or the preservation and

distribution of the property are entitled to commissions provided for in this section for their services in administering the trusts. The amount and source of payment of commissions are subject to the provisions of any valid agreement. Any court having jurisdiction over the administration of the trust may increase or diminish commissions for sufficient cause or may allow special commissions or compensation for services of an unusual nature.

(2) A schedule of increased rates of income commissions and corpus commissions may be charged by a trustee whose activities are subject to State or federal supervision or who is a member of the Maryland Bar and who has:

(i) Filed a schedule of the increased rates of commissions with an appropriate agency; and

(ii) Given notice of the scheduled rates or revisions to the ascertained beneficiaries of the affected trust.

(3) The notice required under paragraph (2) of this subsection shall be delivered to the beneficiaries personally or sent to the beneficiaries at their last known address by registered or certified mail, postage prepaid, return receipt requested.

(b) Income commissions.­ Accounting from July 1, 1981, whether or not the trust was in existence at that time, income commissions are:

(1) 6 percent upon all income from real estate, ground rents, and mortgages collected in each year; and

(2) 61/2 percent upon the first $10,000 of all other income collected in each year, 5 percent upon the next $10,000, 4 percent upon the next $10,000, and 3 percent upon any remainder.

Income commissions shall be paid from and chargeable against income. Income collected includes any portion of income payable to a trustee but withheld by the payor in compliance with any revenue law.

(c) Corpus commissions.­ Accounting from July 1, 1981, whether or not the trust was in existence at that time, commissions are payable at the end of each year upon the fair value of the corpus or

principal held in trust at the end of each year as follows:

(1) Four tenths of one percent on the first $250,000;

(2) One fourth of one percent on the next $250,000;

(3) Three twentieths of one percent on the next $500,000; and

(4) One tenth of one percent upon any excess. Corpus commissions shall be paid out of and chargeable against the corpus.

If a trust terminates, with respect to all or any part of the corpus held in trust in the course of any year, the commission for that year shall be reduced or prorated according to the part of the year elapsed and the amount of corpus as to which the trust terminates, and be chargeable, for such part of a year (and with respect to any such part of the corpus) at such termination of the trust, upon the then value of the corpus.

(d) Sales.­ For selling real or leasehold property, a commission upon the proceeds of the sale is payable at the rate allowed by rule of court or statute to trustees appointed to make sales under decrees or orders of the circuit court for the county where the real or leasehold property is situated, or if the property is located outside Maryland, for selling similar property in the county where the trust is being administered. The commission is payable from the proceeds of the sale when collected.

(e) Final distribution.­ Upon the final distribution of any trust estate, or portion of it, an allowance is payable commensurate with the labor and responsibility involved in making the distribution, including the making of any division, the ascertainment of the parties entitled, the ascertainment and payment of taxes, and any necessary transfer of assets. The allowance is subject to revision or determination by any circuit court having jurisdiction. In the absence of special circumstances the allowance shall be equal to one half of one percent upon the fair value of the corpus distributed.

(f) Determination of what is single trust.­ In determining what is a single trust for the application of the rates provided in this section, all property held undivided under the terms of the will or other instrument creating the trust shall be considered as a single trust. After any shares have been set apart or divided, to be held in separate trust, each separate trust set apart shall be considered as a single trust.

(g) Increased rates of income and corpus commissions ­ Trustees authorized to file schedule.­

(1) Instead of the rates of income commissions and corpus commissions provided in subsections (b) and (c) of this section, a trustee may charge reasonable compensation calculated in accordance with a schedule of rates previously filed by the trustee with the appropriate agency as specified in paragraph (2) of this subsection, if the trustee is:

(i) A financial institution whose activities are subject to supervision by this State or the federal government or which is an instrumentality of the United States; or

(ii) A member of the Bar of this State.

(2) A trustee shall file a schedule of rates under this subsection as follows:

(i) For a savings and loan association, with the State Director of the Division of Savings and Loan Associations;

(ii) For all other trustees, including attorneys and State chartered and national banks, with the Commissioner of Financial Regulation; and

(iii) For a trustee administering an estate under the jurisdiction of a court, also with the trust clerk of the court.

(3) In a trust involving multiple trustees and more than one of the trustees may be entitled to file a schedule of increased rates, the controlling schedule will be the schedule filed by the trustee having custody of the assets and maintaining records of the trust.

(4) Whenever a trustee files a schedule of increased rates under this subsection, the trustee shall give notice to the ascertained beneficiaries of each affected trust. The notice required under this paragraph shall be delivered to the beneficiaries personally or sent to the beneficiaries at their last known address by registered or certified mail, postage prepaid, return receipt requested. Any beneficiary of a trust who objects to the schedule of rates to be charged to that trust, after notifying

the trustee of the objection, may petition the appropriate circuit court to review the reasonableness of the rates to be charged. The notice required by this paragraph shall include a clear statement of the rights and procedures available to beneficiaries under this subsection. If the court finds that the rates in the schedule are unreasonable for the current fiscal year of the particular trust, the trustee's commissions for that trust for that fiscal year shall be limited to the rates charged that trust during the previous fiscal year.

(5) If a trustee does not file a schedule of rates with the appropriate agency under paragraph (2) (i) or (ii) of this subsection and does not notify ascertained beneficiaries as provided in paragraph (4) of this subsection, the trustee is limited to charging the rates set forth in subsections (b) and (c) of this section.

(h) Same ­ Trustee not authorized to file schedule.­ An individual trustee who is not authorized to file a schedule of increased rates under this section is limited to charging the rates set forth in subsections (b) and (c) of this section unless the trustee petitions the circuit court for the county where the trustee is located and obtains approval of an increase in fee after giving notice of such action to the ascertained beneficiaries of the trusts affected.

(i) Same ­ Guardians.­ The schedule of increased rates of income commissions and corpus commissions which trustees are authorized to charge as provided in subsection (g) of this section is not applicable to guardians.

(j) Same ­ Payment of costs.­ The legal and court costs incurred by the trustee pursuant to any court review under subsection (g) (4) or (h) of this section shall be charged against trustees' fees and may not be assumed by the trust or the beneficiaries.

[An. Code 1957, art. 16, § 199; 1974, ch. 11, § 2; 1976, ch. 683; 1981, ch. 793; 1982, ch. 17, § 7; ch. 183; 1987, ch. 162; 1988, ch. 6, § 1; ch. 416; 1996, ch. 326, § 2.]

§ 14­104. Judge, clerk, or register of wills not to serve as trustee.

A judge of any court established under the laws of the State or the United States or any clerk of

court or register of wills, unless he is the surviving spouse of the grantor of the trust, or is related to the grantor within the third degree, may not serve as a trustee of any inter vivos or testamentary trust created by an instrument and executed in Maryland by the grantor or any trustee, administered in the State or governed by the laws of the State, unless he was actually serving as a trustee of the trust on December 31, 1969.

[An. Code 1957, art. 16, § 199A; 1974, ch. 11, § 2; 1987, ch. 11, § 1.]

§ 14­105. Protection of person dealing with trustee.

In the absence of actual knowledge or of reasonable cause to inquire as to whether a trustee is improperly exercising his power, a person dealing with a trustee need not inquire whether a trustee is properly exercising his power, and is protected as if the trustee properly exercised the power. A person need not see to the proper application of trust assets paid or delivered to a trustee.

[An. Code 1957, art. 16, § 199C; 1974, ch. 11, § 2.]

§ 14­106. Division or consolidation.

(a) Beneficiary defined.­ In this section, "beneficiary" means a person in being who has a vested interest, whether:

(1) Possessory or not; and

(2) Subject to divestment or not.

(b) In general.­

(1) Subject to the provisions of paragraph (2) of this subsection, on petition by a trustee, personal representative, beneficiary, or a party in interest, after notice as the court may direct to the trustees, personal representatives, beneficiaries, and parties in interest, and for good cause shown, a court may:

(i) Divide a trust into 2 or more separate trusts; or

(ii) Consolidate 2 or more trusts into a single trust.

(2) A court may divide a trust or consolidate trusts:

(i) On terms and conditions as the court considers appropriate; and

(ii) If the court is satisfied that a division of a trust or consolidation of trusts will not defeat or materially impair:

1. The accomplishment of trust purposes; or

2. The interests of the beneficiaries.

(3) A court may pass orders that the court considers proper or necessary to protect the interests of a:

(i) Trustee;

(ii) Personal representative;

(iii) Beneficiary; or

(iv) Party in interest.

(c) Applicability.­ This section applies to trusts:

(1) Whenever created;

(2) Whether inter vivos or testamentary;

(3) Created by the same or different instruments;

(4) Created by the same or different persons; and

(5) Regardless of where created or administered.

(d) Construction.­ This section may not be construed to limit the right of a trustee or personal representative to divide a trust or consolidate trusts, without an order of a court, in accordance with the applicable provisions of the governing instrument.

[1989, ch. 385, § 1.]

§ 14­107. Termination of certain trusts without an order of court.

(a) Definitions.­

(1) In this section the following words have the meanings indicated.

(2) (i) "Beneficiary" means an ascertainable person who has a present or future interest in a trust estate.

(ii) "Beneficiary" includes:

1. If the beneficiary is a minor, the beneficiary's natural or legal guardian; or

2. If the beneficiary is a disabled person, as defined in § 13­101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.

(3) "Corporate fiduciary" has the meaning stated in § 15­1A­01 of this article.

(4) "Life expectancy" means the life expectancy published in the life tables issued by the U.S. Department of Health and Human Services from time to time.

(5) "Net annual income" means the gross income of a trust estate during a fiscal year minus trust commissions and expenses attributable to income for that fiscal year.

(b) In general.­ Subject to the provisions of this section, a corporate fiduciary acting as a trustee may terminate a trust without an order of court if the fair market value of the trust as of the trust's last anniversary date is $100,000 or less.

(c) Notice.­

(1) A corporate fiduciary trustee proposing to terminate a trust under this section shall send notice

of the proposed termination to each cotrustee and each beneficiary of the trust at the cotrustee's or beneficiary's last known address. The notice shall be:

(i) Personally delivered; or

(ii) Mailed by certified mail, postage prepaid, return receipt requested.

(2) The notice required under paragraph (1) of this subsection shall contain:

(i) The name of the trust;

(ii) The name of the person who created the trust;

(iii) The date on which the trust was established;

(iv) The name and address of the corporate fiduciary trustee seeking to terminate the trust;

(v) The name of any cotrustee;

(vi) A statement that the effective date of the termination shall be at least 90 days after the date on which notice under paragraph (1) of this subsection has been received by each cotrustee and each beneficiary;

(vii) A statement of the reasons for termination of the trust;

(viii) The approximate amount and the manner of calculation of each distribution of the trust estate; and

(ix) A statement of the right to object and the procedures to follow under subsection (d) of this

section.

(d) Objections.­

(1) A person entitled to notice under subsection (c) of this section who objects to the termination of a trust shall send written objection to the termination.

(2) The written objection shall be personally delivered or mailed by certified mail, postage prepaid, return receipt requested, within 60 days after the date on which notice that is sent under subsection (c)(1) of this section is received by the objecting party, to the corporate fiduciary trustee proposing to terminate the trust at the address in the notice.

(e) Termination of trust.­

(1) If no beneficiary or cotrustee delivers a timely objection in accordance with the provisions of subsection (d) of this section, the trust shall be terminated and the trust estate shall be distributed in accordance with the provisions of subsection (f) of this section.

(2) If a beneficiary or cotrustee delivers a timely written objection in accordance with the provisions of subsection (d) of this section, the trust shall not be terminated unless the objection is withdrawn in writing by the objecting party within 90 days after receipt of the notice by the objecting party.

(f) Distribution of trust estate.­

(1) A trust estate that is terminated under this section shall be distributed in any manner unanimously agreed upon by all beneficiaries.

(2) (i) If the beneficiaries do not unanimously agree to a manner of distribution, the distribution shall be made in accordance with the provisions of this paragraph.

(ii) A beneficiary who has a present interest in the trust estate shall receive an amount equal to the present value of an annuity equal to the beneficiary's proportionate share of the average net annual

income of the trust as of its last 3 anniversary dates for a term equal to the life expectancy of the beneficiary, at the interest rate for valuing vested benefits provided by the Pension Benefit Guarantee Corporation for the month immediately preceding the date of which the notice under subsection (c)(1) of this section is sent.

(iii) The amount of the trust estate remaining after distribution to beneficiaries having a present interest in the trust estate shall be distributed to any beneficiaries having a future interest in the trust estate in whatever proportions are provided for under the terms of the governing instrument under which the trust was created.

(g) Effect of "spendthrift" language.­ The existence of spendthrift or similar protective language in the governing instrument under which the trust was created may not prevent termination under this section.

(h) Expenses.­ All expenses incurred by the trustee incident to the termination of a trust under this section shall be borne by the trust estate.

(i) Distribution to minor.­ A distribution to a minor beneficiary shall be made to the minor's custodian under the Maryland Uniform Gifts to Minors Act or the Maryland Uniform Transfers to Minors Act.

(j) Construction of section.­ This section may not be construed to limit the right of any trustee to terminate a trust in accordance with applicable provisions of the governing instrument under which the trust was created.

(k) Termination permitted.­ A trust may be terminated under this section if:

(1) The trustee has determined that termination of the trust is in the best interests of the beneficiaries; and

(2) The governing instrument does not expressly prohibit termination of the trust regardless of its size.

(l) Conditions preventing terminations.­ A trust may not be terminated under this section if:

(1) The provisions of the governing instrument make the trust eligible to qualify for the marital deduction for United States estate tax or for United States gift tax purposes under the Internal Revenue Code, unless all beneficiaries agree that all of the trust estate shall be distributed to the spouse of the creator of the trust; or

(2) The provisions of the governing instrument make the trust qualify, in whole or in part, for a charitable deduction for United States estate tax, United States gift tax, or United States income tax purposes under the Internal Revenue Code, unless all beneficiaries agree that all of the trust estate shall be distributed to one or more beneficiaries that qualify for the charitable deduction under the Internal Revenue Code.

[1991, ch. 170; 1992, ch. 22, § 1; 1995, ch. 426; 2004, ch. 254.]

§ 14­108. Compliance with environmental laws.

(a) Definition.­

(1) In this section, "environmental law" means a federal, State, or local law, rule, regulation, or ordinance that relates to the protection of the environment.

(2) "Environmental law" includes Title 16 of the Environment Article.

(b) Authority of trustee; liability.­

(1) To comply with an environmental law, a trustee may:

(i) Inspect property held by the trustee, including any type of interest in a sole proprietorship, partnership, limited liability company, or corporation, and any assets owned by a sole

proprietorship, partnership, limited liability company, or corporation, to determine compliance with an environmental law and respond to an actual or potential environmental liability relating to the property;

(ii) Before or after the initiation of a claim or a governmental enforcement action, take action necessary to prevent, abate, or otherwise remedy an actual or potential environmental liability that affects a trust asset;

(iii) Settle or compromise at any time a claim against the trust based on an alleged environmental liability that may be asserted by any person; and

(iv) Pay from the trust the costs of an inspection, review, study, abatement, response, cleanup, or other remedial action that involves an environmental liability.

(2) If a trustee acts prudently and in good faith, the trustee is not liable to a person with an interest in assets of the trust held by the trustee for a decrease in the value of the assets for taking action under this subsection or otherwise taking action to comply with an environmental law or reporting requirement.

(3) Acceptance by the trustee of property or failure by the trustee to take action under this subsection does not imply that there is or may be liability under an environmental law with respect to any property.

[1994, ch. 480, § 2; 2000, ch. 61, § 7; 2006, ch. 531.]

§ 14­109. Prohibition from exercising powers confer red upon trustee.

(a) Prohibitions.­ None of the following powers conferred upon a trustee by the governing instrument may be exercised by that trustee:

(1) The power to make any discretionary distributions of either principal or income to or for the

benefit of the trustee in the trustee's individual capacity, unless limited by an ascertainable standard relating to the trustee's health, education, support and maintenance, as defined in 26 U.S.C. §§ 2041 and 2514 and the Treasury regulations promulgated under those sections;

(2) The power to make any discretionary distributions of either principal or income to satisfy any of the trustee's legal obligations in the trustee's individual capacity for support or other purposes;

(3) The power to make discretionary allocations in the trustee's favor of receipts or expenses as between income and principal;

(4) Any power, in whatever capacity held, to remove or replace any trustee who holds any of the powers proscribed in this subsection; or

(5) The power to exercise any of the powers proscribed in this subsection with regard to a beneficiary other than the trustee to the extent that such beneficiary could exercise a similar prohibited power in connection with a trust which benefits the trustee.

(b) Effect of exercise of prohibited powers.­ If a trustee is prohibited by subsection (a) (1) of this section from exercising a power conferred upon the trustee, the trustee may nevertheless exercise the power except that the trustee's exercise of that power shall be limited by an ascertainable standard relating to the trustee's health, education, support and maintenance, as defined in 26 U.S.C. §§ 2041 and 2514 and the Treasury regulations promulgated under those sections.

(c) Appointment of qualified trustee to exercise powers.­ If the governing instrument contains a power described under subsection (a) of this section, and there is no trustee who can exercise such power, upon application of any party in interest, a court may appoint a trustee who is not otherwise disqualified under this section to exercise any such power during the period of time that the court designates.

(d) Limitations on applicability.­ This section does not apply if:

(1) As a result of application of subsection (a) of this section, a marital deduction for the trust property would not be allowed to a spouse who is a trustee and to whom a marital deduction would otherwise be allowed under the Internal Revenue Code; or

(2) The trust is revocable or amendable, during the time that the trust remains revocable or amendable.

(e) Parties in interest; applicable trusts.­

(1) In this subsection, "parties in interest" means:

(i) Each trustee then serving; and

(ii) Each income beneficiary and remainder beneficiary then in existence or, if such beneficiary has not attained majority or is otherwise incapacitated, the beneficiary's legal representative under applicable law or the beneficiary's donee under a durable power of attorney that is sufficient to grant such authority.

(2) Subject to the provisions of subsection (d) of this section, this section applies to:

(i) Any trust created under a governing instrument executed after September 30, 1995, unless the terms of the governing instrument provide expressly that this section does not apply; and

(ii) Any trust created under a governing instrument executed before October 1, 1995, unless all parties in interest elect affirmatively not to be subject to the application of this section on or before the later of October 1, 1998, or 3 years after the date on which the trust becomes irrevocable.

(f) Affirmative election.­ The affirmative election required under subsection (e) of this section must be made through a written declaration signed by the interested person and delivered to the trustee.

[1995, ch. 385.]

§ 14­110. Permissible holders of trust or fiduciary powers.

(a) In general.­ The following persons may exercise trust or fiduciary powers in this State:

(1) An individual;

(2) A trust company as defined in § 1­101 of this article;

(3) An organization exempt from taxation under § 501 (c) of the Internal Revenue Code; and

(4) Subject to subsection (b) of this section, a bank, trust company, or savings bank, other than one described in paragraph (2) of this subsection, that is:

(i) Organized under the laws of another state and authorized to exercise trust or fiduciary powers in the state where its principal place of business is located; or

(ii) Organized under the laws of the United States and authorized to exercise trust or fiduciary powers under federal law.

(b) Bank, trust company, or savings bank.­

(1) A bank, trust company, or savings bank described in subsection (a) (4) of this section may exercise trust or fiduciary powers in this State only if the laws of the state where its principal place of business is located authorize a bank, trust company, or savings bank from this State to exercise trust or fiduciary powers in that state.

(2) A bank, trust company, or savings bank authorized to exercise trust powers under subsection (a) (4) of this section shall file with the Commissioner of Financial Regulation, prior to exercising trust powers in this State, information sufficient to identify:

(i) The correct corporate name of the bank, trust company, or savings bank;

(ii) An address and telephone number of a contact person for the bank, trust company, or savings bank;

(iii) A resident agent; and

(iv) Any additional information considered necessary by the Commissioner for protection of the public.

[1995, ch. 583; 1996, ch. 326, § 2.]

§ 14­111. Donation of conservation easement.

(a) "Beneficiary" defined.­

(1) In this section, "beneficiary" means an ascertainable person who has a present or future interest in a trust estate.

(2) "Beneficiary" includes:

(i) If the beneficiary is a minor, the beneficiary's natural or legal guardian; or

(ii) If the beneficiary is a disabled person, as defined in § 13­101 of this article, any person acting on behalf of the beneficiary under a guardianship, conservatorship, or committee.

(b) Donation prerequisites.­ A trustee may donate a conservation easement on any real property, or consent to the donation of a conservation easement on any real property by a personal representative of an estate of which the trustee is a legatee, in order to obtain the benefit of the estate tax exclusion allowed under § 2031 (c) of the United States Internal Revenue Code of 1986, as amended, if:

(1) The governing instrument directs the donation of a conservation easement on the real property; or

(2) Each beneficiary who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.

[2000, ch. 603.]

SUBTITLE 2. PRINCIPAL AND INCOME

§ 14­201. to 14­214. Principal and income.

Repealed by Acts 2000, ch. 292, § 1, effective October 1, 2000.

SUBTITLE 3. CHARITABLE TRUSTS

§ 14­301. General enforcement.

(a) Powers of court.­ Courts of equity have full jurisdiction to enforce trusts for charitable purposes upon suit of the State by the Attorney General or suit of any person having an interest in enforcement of the trust.

(b) Definition.­ "Charitable purposes" includes all purposes within either the spirit or letter of the statute of 43 Elizabeth ch. 4 (1601), commonly known as the statute of charitable uses.

(c) Beneficiaries as an indefinite class.­ A charitable trust shall not be held invalid or unenforceable merely because the beneficiaries of the trust constitute an indefinite class.

[An. Code 1957, art. 75B, § 16; 1974, ch. 11, § 2.]

§ 14­302. Uniform Charitable Trusts Administration Act.

(a) General rule.­ If a trust for charity is or becomes illegal, or impossible or impracticable of enforcement or if a devise or bequest for charity, at the time it was intended to become effective, is illegal, or impossible or impracticable of enforcement, and if the settlor or testator manifested a general intention to devote the property to charity, a court of equity, on application of any trustee, or any interested person, or the Attorney General of the State, may order an administration of the trust, devise or bequest as nearly as possible to fulfill the general charitable intention of the settlor or testator.

(b) Uniformity of construction.­ This section shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states which enact it.

(c) Short title.­ This section may be cited as the Maryland Uniform Charitable Trusts Administration Act.

[An. Code 1957, art. 16, § 196; 1974, ch. 11, § 2.]

§ 14­303. Prohibited acts.

(a) General provisions.­ In the administration of any trust which is a "private foundation," as defined in § 509 of the Internal Revenue Code, a "charitable trust," as defined in § 4947 (a) (1) of the Internal Revenue Code, or a "split­interest trust," as defined in § 4947 (a) (2) of the Internal Revenue Code, the acts specified in this section are prohibited.

(b) Self­dealing.­ It is unlawful to engage in any act of "self­dealing," as defined in § 4941 (d) of the Internal Revenue Code, which would cause any tax liability under § 4941 (a) of the Internal Revenue Code.

(c) Retention of excess business holdings.­ It is unlawful to retain any "excess business holdings," as defined in § 4943 (c) of the Internal Revenue Code, which would cause any tax liability under § 4943 (a) of the Internal Revenue Code.

(d) Investments.­ It is unlawful to make any investment which would jeopardize the carrying out of any exempt purposes under § 4944 of the Internal Revenue Code and cause any tax liability under § 4944 (a) of the Internal Revenue Code.

(e) Taxable expenditures.­ It is unlawful to make any "taxable expenditures," as defined in § 4945 (d) of the Internal Revenue Code, which would cause any tax liability under § 4945 (a) of the Internal Revenue Code.

(f) Exception.­ This section does not apply to any part of a split­interest trust which is not subject to the prohibitions applicable to private foundations because of the provisions of § 4947 of the Internal Revenue Code.

[An. Code 1957, art. 16, § 199D; 1974, ch. 11, § 2; 1976, ch. 273, § 1; 1988, ch. 110, § 1.]

§ 14­304. Amendment of instrument to conform to Internal Revenue Code.

Notwithstanding any provisions to the contrary in the governing instrument, the trustee or trustees of any charitable remainder trust created after July 31, 1969 with the consent of each beneficiary named in the governing instrument, without application to any court, may amend the governing instrument to conform to the provision of § 664 of the Internal Revenue Code by executing a written amendment to the trust for the purpose. Consent is not required as to individual named beneficiaries not living at the time of amendment. In the case of an individual beneficiary not competent to give consent, the consent of a guardian, appointed by a court of competent jurisdiction, shall be treated as consent of the beneficiary. In the case of any amendment to a trust created by will, the amendment, if provided in the amendment, may be considered to apply as of the date of death of the testator.

[An. Code 1957, art. 16, § 199D­1; 1974, ch. 11, § 2; 1988, ch. 110, § 1; 1989, ch. 5, § 1.]

§ 14­305. Distributions.

In the administration of any trust which is a "private foundation" as defined in § 509 of the Internal Revenue Code, or which is a "charitable trust" as defined in § 4947 (a) (1) of the Internal Revenue Code, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by § 4942 (a) of the Internal Revenue Code.

[An. Code 1957, art. 16, § 199E; 1974, ch. 11, § 2; 1988, ch. 110, § 1.]

§ 14­306. Judicial determination concerning application of §§ 14­303 and 14­305.

The provisions of §§ 14­303 and 14­305 of this subtitle do not apply to any trust to the extent that a court of competent jurisdiction determines that the application would be contrary to the terms of the instrument governing the trust and that it may not be changed properly to conform to these sections.

[An. Code 1957, art. 16, § 199F; 1974, ch. 11, § 2; 1976, ch. 273, § 1.]

§ 14­307. Rights and powers of courts and Attorney General.

Sections 14­303 through 14­307 of this subtitle do not impair the rights and powers of the courts or the Attorney General with respect to any trust.

[An. Code 1957, art. 16, § 199G; 1974, ch. 11, § 2; 1976, ch. 273, § 1.]

§ 14­308. References to Internal Revenue Code include amendments.

Repealed by Acts 1976, ch. 273, § 2, effective July 1, 1976.

SUBTITLE 4. MARYLAND DISCRETIONARY TRUST ACT

§ 14­401. Definitions.

(a) In general.­ In this subtitle the following words have the meanings indicated.

(b) Adult.­ "Adult" means an individual who is at least 18 years of age.

(c) Beneficiary.­ "Beneficiary" means an individual for whose present benefit property is held by a trustee in accordance with this subtitle.

(d) Conservator.­ "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of an individual's property or a person legally authorized to perform substantially the same functions.

(e) Court.­ "Court" means the circuit courts of the State of Maryland.

(f) Declarant.­ "Declarant" means a transferor who creates a trust under this subtitle and serves as the trustee.

(g) Guardian.­ "Guardian" means a person appointed or qualified by a court as a guardian of the person of an individual, including a limited guardian, but not a person who is only a guardian ad litem.

(h) Legal representative.­ "Legal representative" means a personal representative, conservator, or an attorney in fact under a durable power of attorney.

(i) Member of the beneficiary's family.­ "Member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(j) Person.­ "Person" means an adult, corporation, organization, or any other legal entity.

(k) Personal representative.­ "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them.

(l) State.­ "State" means the United States of America, a state or subdivision thereof, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(m) Transferor.­

(1) "Transferor" means a person who creates a trust by transfer or declaration under this subtitle.

(2) "Transferor" does not include a person, other than the person who created the trust, who augments an existing trust.

(n) Trust.­

(1) "Trust" means a trust created under this subtitle.

(2) "Trust" does not include a trust created by the transferor for the benefit of the transferor.

(o) Trustee.­ "Trustee" means a person authorized by law to act as trustee who is designated as trustee of a trust under this subtitle or successor to the person designated.

(p) Trust property.­ "Trust property" means any property, income, or proceeds resulting from the investment of property held in trust under this subtitle.

[1994, ch. 418.]

§ 14­402. Rights, duties or obligations of trustee, beneficiary, transferor, declarant or persons

dealing with them.

(a) Trust property ­ Title; interest of beneficiary.­

(1) The trustee holds title to the trust property.

(2) Trust property may not be considered property or an available resource of the beneficiary.

(3) The beneficiary may not have any interest in trust property that can be assigned or attached.

(4) No part of the trust property may be subject to claims for costs of care provided to the beneficiary by a state.

(b) Same ­ Authority of trustee; use of trust property.­

(1) The trustee has sole discretion over trust property expenditures.

(2) The trustee shall decide what expenditures will be made, how they will be made, and when they will be made for the benefit of the beneficiary.

(3) A trust may be used to assure that trust property is available to provide for the needs of the beneficiary to the extent not provided for by other sources, including public and private benefit programs for which the beneficiary would or might be eligible if the trust did not exist.

(4) A trustee may retain any trust property received from a transferor.

(c) Protection of persons dealing with transferor, declarant or trustee.­ A person dealing with a transferor, declarant, or trustee is protected in those dealings in accordance with § 14­405 of this

subtitle.

(d) Augmentation of trust property.­ Any person except the beneficiary may augment trust property.

(e) Revocable or irrevocable designation.­

(1) When establishing a trust, the transferor may designate the trust to be either revocable or irrevocable.

(2) If no designation is made, the trust is revocable.

[1994, ch. 418.]

§ 14­403. Eligibility to create trust; trustees; trustee succession.

(a) Eligibility to create trusts.­ Any person having the right to transfer property to another person may create a trust as a transferor under this subtitle.

(b) Trustees ­ Rights and powers of transferor.­ The transferor may:

(1) As declarant serve as trustee;

(2) Designate a trustee;

(3) Designate how the trustee will be chosen;

(4) Designate successor trustees in the order in which they will serve; and

(5) Designate how successor trustees will be chosen.

(c) Same ­ Duties.­ The trustee shall hold, manage, expend, and transfer trust property as provided in this subtitle.

(d) Same ­ Successor trustees.­ The successor trustee shall assume the responsibilities of the trustee when the trustee is no longer willing or able to serve.

(e) Number of beneficiaries and trustees.­ A trust may have only one beneficiary but more than one trustee.

(f) Trustees ­ Liability; declination; resignation.­ A trustee:

(1) Is not personally liable to a third person:

(i) On a contract properly entered into in a fiduciary capacity unless the trustee fails to reveal that capacity or to identify the trust in the contract; or

(ii) For an obligation arising from control of trust property or for a tort committed in the course of the administration of the trust, unless the trustee is personally at fault;

(2) May decline to serve as trustee before accepting trust property by notifying in writing the person who designated the trustee, or that person's legal representative; and

(3) May resign as trustee by notifying the successor trustee in writing, transferring all trust property to the successor trustee, providing the successor trustee with a complete accounting of trust property, and confirming that the successor trustee has accepted the trust property.

(g) Procedure for trustee succession.­ The next willing successor trustee in line shall accept the records and trust property and become trustee as soon as practicable after:

(1) The resignation of the trustee;

(2) The declination of the trustee;

(3) The death of the trustee; or

(4) The removal of the trustee.

(h) Absence of successor trustee.­ If the trustee is unable or unwilling to serve and no successor trustee will serve, the following persons in the order listed may petition the court to designate a successor trustee:

(1) The transferor or the legal representative of the transferor;

(2) The trustee;

(3) The beneficiary or the beneficiary's legal representative;

(4) The guardian of the person of the beneficiary;

(5) An adult member of the beneficiary's family or that family member's legal representative; or

(6) A person interested in the trust property or a person interested in the welfare of the beneficiary, either of whom the court determines to have a legitimate interest.

(i) Change of trustee, successor trustees by transferor.­ Unless renounced by the transferor, the transferor may at any time remove or change the designation of the trustee and successor trustees.

[1994, ch. 418; 1995, ch. 3, § 1.]

§ 14­404. Creation of trust.

(a) Written transfer.­ A person may create a trust by transferring property in writing to another person if the document transfers property in a legally recognized manner and:

(1) Identifies the recipient of the property as the trustee;

(2) Identifies the beneficiary of the trust; and

(3) Identifies the property as being transferred under the Maryland Discretionary Trust Act.

(b) Written declaration.­ A person may create a trust by written declaration if the written declaration is executed in a legally recognized manner and:

(1) Identifies the property to be held in trust;

(2) Identifies the beneficiary of the trust;

(3) Identifies the declarant as trustee and title holder; and

(4) Identifies the property as being held in trust under the Maryland Discretionary Trust Act.

(c) Conditioned upon occurrence of a future event.­ A person having the right to transfer property upon a future event may create a trust upon the occurrence of the future event by:

(1) Designating:

(i) The event;

(ii) The property;

(iii) The beneficiary; and

(iv) The trustee or mechanism for selecting the trustee; and

(2) Creating the trust by:

(i) Making the designation in a will, a trust, a deed, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights; or

(ii) Registering the designation with or delivering it to the fiduciary, payor, issuer, or obligor of the future right.

(d) Registration of property or transfer to trustee.­ A transferor creates a trust whenever the transferor registers property in the name of or transfers property to the trustee or declarant and uses in substance the following words after the trustee's or declarant's name: "As trustee for __________ (name of beneficiary) under the Maryland Discretionary Trust Act."

(e) Acceptance by trustee.­ The obligations of a trustee begin when the trustee accepts the trust property by writing in substance the following words:

"Trustee's Receipt and Acceptance

I, ____________ (name of trustee) acknowledge receipt of the trust property described below or in the attached instrument and accept the trust as trustee for ____________ (name of beneficiary) under the Maryland Discretionary Trust Act. I undertake to administer and distribute the trust property pursuant to the Maryland Discretionary Trust Act. The trust property consists of ____________ (description of property).

Dated: ______________

________________________

(Signature of Trustee)"

(f) Property designated to be held under the Maryland Discretionary Trust Act.­ A trust may be created by specifying that property is to be held in trust under the Maryland Discretionary Trust Act.

(g) Residency; laws of other states.­

(1) A trust may be created under this subtitle if, at the time the trust is created, the transferor, the trustee, or the beneficiary is a resident of this State, the transferor's, the trustee's, or the beneficiary's principal place of business is in this State, or trust property is located in this State.

(2) The trust remains subject to this subtitle even upon a subsequent change in residence or principal place of business of the transferor or trustee, or removal of the trust property from this State.

(3) A registration, declaration, or transfer made under an act of another state substantially similar to this subtitle:

(i) Is governed by the law of that state; and

(ii) May be enforced in this State.

(h) Other means; enforcement.­

(1) This subtitle may not limit other means of declaring trusts or transferring property in trust.

(2) A trust, the terms of which do not conform to this subtitle, may be enforceable according to its terms.

[1994, ch. 418.]

§ 14­405. Administration by trustee.

(a) Commencement of obligations.­ The trustee's obligations begin when the trustee accepts the trust property by writing words substantially similar to those specified in § 14­404 (e) of this subtitle.

(b) Duty to control, register, collect and invest property.­ A trustee shall:

(1) Take control of trust property;

(2) Register or record title to trust property if appropriate; and

(3) Collect, hold, manage, invest, and reinvest trust property.

(c) Standard of care.­ In administering trust property, a trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries.

(d) Trustees having specialized skill or expertise.­ If a trustee has a special skill or expertise, or is named trustee on the basis of representations of a special skill or expertise, the trustee shall utilize that skill or expertise.

(e) Duty to keep property separate; tenancies in common; recorded property.­

(1) A trustee shall at all times keep trust property separate and distinct from all other property in a manner sufficient to identify it clearly as trust property.

(2) Trust property consisting of an undivided interest is so identified if the trustee's interest is held as a tenant in common.

(3) Trust property subject to recordation is so identified if it is recorded, registered, or held in an account designated in the name of the trustee, followed by the words, "As trustee for __________ (name of beneficiary) under the Maryland Discretionary Trust Act", or similar words.

(f) Fiduciary capacity.­ A trustee, acting in a fiduciary capacity, has all the rights and powers over trust property that an unmarried adult owner has over individually owned property, but a trustee may exercise those rights and powers in a fiduciary capacity only.

(g) Actions against trustee as fiduciary.­ A claim based on a contract entered into by a trustee acting in a fiduciary capacity, an obligation arising from the trustee's ownership or control of trust property, or a tort committed in the course of administering the trust, may be asserted by a third person against the trust property by proceeding against the trustee in a fiduciary capacity, whether or not the trustee is personally liable.

(h) Bond.­ At any time, the transferor may require the trustee to furnish bond.

(i) Records.­ The trustee shall maintain complete records of all trust property and all trust transactions.

(j) Accountings ­ In general.­

(1) The following persons in the order listed may request an accounting of trust property and transactions:

(i) The transferor or the transferor's legal representative;

(ii) The beneficiary or the beneficiary's legal representative;

(iii) The guardian of the person of the beneficiary;

(iv) An adult member of the beneficiary's family or that family member's legal representative; or

(v) A person interested in the trust property or a person interested in the welfare of the beneficiary, either of whom the court determines to have a legitimate interest.

(2) The trustee shall provide a written accounting of all trust property and trust transactions for the previous year, or for a longer period if needed for tax purposes, upon request by and at reasonable times to a person authorized in paragraph (1) of this subsection.

(3) The trustee shall give the transferor, successor trustee, or court a complete accounting, including a written accounting of all trust property, a description and records of all trust transactions, and any other relevant documents and information concerning the trust upon the resignation or removal of the trustee, the termination of the trust, or the demand of the court.

(4) The trustee may petition the court for approval of final accounts.

(5) Upon removal of a trustee by a court, the court shall require:

(i) An accounting of trust property;

(ii) The delivery of the trust property and records to the successor trustee; and

(iii) The execution of all instruments required for transfer of the trust property.

(k) Same ­ Instructions; review of acts and compensation.­ Upon petition of the trustee or any person who may petition for an accounting as specified in subsection (j) of this section, the court, after notice to those persons as directed by the court, may:

(1) Issue instructions to the trustee;

(2) Review the propriety of the acts of a trustee; and

(3) Review the reasonableness of the trustee's compensation or the compensation of other persons.

(l) Liability of successor trustee.­ A successor trustee may not be held liable for the acts or omissions of any predecessor trustee.

(m) Expenses; compensation.­ Except as otherwise provided in the registration, declaration, or other instrument of transfer creating the trust, or by court order, a trustee:

(1) Is entitled to reimbursement from trust property for reasonable expenses incurred in the performance of fiduciary services; and

(2) Has a noncumulative election, to be made no later than 6 months after the end of each calendar year, to charge reasonable compensation, not to exceed the maximum commissions for trustee services provided for at the time by Maryland law, for fiduciary services performed during that calendar year.

[1994, ch. 418; 1995, ch. 3, § 1.]

§ 14­406. Termination.

(a) In general.­ The trust shall terminate upon the first to occur of:

(1) The death of the beneficiary;

(2) A date or event specified in the trust document; or

(3) The determination by the trustee, in the trustee's sole and absolute discretion, that by judicial, legislative, or administrative action, trust property or income has been or will be determined to be property or an available resource of the beneficiary.

(b) Disposition of property.­ Upon termination of a trust, the trustee shall transfer the unexpended trust property:

(1) As designated in the instrument creating the trust; or

(2) If there is no designation, in the following order:

(i) To the transferor, if living;

(ii) If the transferor is not living and died with a will, to those persons, other than the beneficiary, designated as residuary legatees in the transferor's will in the proportions to which they were entitled under the transferor's will; or

(iii) If the transferor is not living and died without a will, to those persons, other than the beneficiary, who would be entitled to receive the trust property at the time if the transferor died owning the trust property, without a will, and a resident of Maryland.

(c) Continuation of trustee powers.­ The powers and duties of the trustee shall continue until the final and complete distribution of the trust property is made.

[1994, ch. 418; 1995, ch. 337; 1996, ch. 10, § 1.]

§ 14­407. Forms.

(a) Transfers.­ The following form may be used to create a trust by transfer:

"Transfer Under the Maryland Discretionary Trust Act

A. I, __________ (name of transferor or name of representative capacity if a fiduciary), transfer the property described in paragraph D to the trustee named in paragraph B, and such trustee's successors, to be held in trust under the Maryland Discretionary Trust Act by the trustee for the benefit of the beneficiary named in paragraph C.

B. 1. The trustee shall be ____________________________________________.

(name one or more)

2. At any time when the trustee is unable to serve as trustee, the following persons shall succeed as trustee in the order named (specify who replaces whom for multiple trustees):

i. ________________________________________________________________________

ii. _______________________________________________________________________

iii. ____________________________________________________________________.

C. The beneficiary shall be ______________________________________________

(name one only)

D. The trust property shall be:

1. _______________________________________________________________________

___________________________________________________________________________

2. _______________________________________________________________________

___________________________________________________________________________

E. The trust shall terminate upon the first to occur of (check those applicable):

1. ____________ the death of the beneficiary

2. ____________ the following date: ______________________________________

3. ____________ the following event: _____________________________________

________________________________________________________________________.

F. Upon termination, the remaining trust property shall be distributed

to ______________________________________________________________________.

(name person or persons)

G. Revocability (check one):

1. ____________ The transferor may revoke this trust.

2. ____________ The transferor may not revoke this trust.

Signature of transferor ______________________________________________________

Date of execution ____________________________________________________________

Signature of witness _________________________________________________________

Date: ______________________________________________________________________

Name of attorney preparing this statement of transfer:

____________________________________________________________________________

State of Maryland, ____________________________ : ss

I hereby certify that on ____________ (fill in date) before me, a notary public of the State of Maryland, personally appeared ____________ (name of transferor) known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she (strike one) executed the same for the purposes therein contained.

Witness my hand and Notarial Seal.

________________________________________________________________

Notary Public

My commission expires: __________________."

(b) Declarations.­ The following form may be used to create a trust by declaration:

"Declaration of Trust Under the Maryland Discretionary Trust Act

A. I, __________ (name of property owner) declare that henceforth I as trustee will hold the property described in paragraph D in trust under the Maryland Discretionary Trust Act for the benefit of the beneficiary named in paragraph C.

B. 1. At any time when I am unable to serve as trustee, the trustee shall be: ____________________________

(name one or more)

2. At any time when the trustee who succeeds me is unable to serve as trustee, the following persons shall succeed as trustee in the order named (specify who replaces whom for multiple trustees):

i. ________________________________________________________________________

ii. _______________________________________________________________________

iii. ____________________________________________________________________.

C. The beneficiary shall be __________________________________________.

D. The trust property shall be:

1. _______________________________________________________________________

___________________________________________________________________________

2. _______________________________________________________________________

________________________________________________________________________ .

E. The trust shall terminate upon the first to occur of (check those applicable):

1. ____ The death of the beneficiary

2. ____ The following date: ______________________________________________

3. ____ The following event: _____________________________________________

________________________________________________________________________.

F. Upon termination, the remaining trust property shall be distributed to

__________________________________________________________________________.

(name person or persons)

G. Revocability (check one):

1. ________ The declarant may revoke this trust.

2. ________ The declarant may not revoke this trust.

Signature of declarant _______________________________________________________

Date of execution ____________________________________________________________

Signature of witness _________________________________________________________

Date _________________________________________________________________________

Name of attorney preparing this declaration:

______________________________________________________________________

State of Maryland, ________________________ : ss

I hereby certify that on __________ (fill in date) before me, a notary public of the State of Maryland, personally appeared __________ (name of declarant) known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she (strike one) executed the same for the purposes therein contained.

Witness my hand and Notarial Seal.

________________________________________________________________

Notary Public

My commission expires: __________________".

[1994, ch. 418; 1995, ch. 3, § 1.]

§ 14­408. Short title.

This subtitle may be cited as the "Maryland Discretionary Trust Act".

[1994, ch. 418.]

——————————