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| 2.__Distribution; reasonable reserve.__Upon the occurrence of an | | event terminating or partially terminating a trust, the trustee | | shall proceed expeditiously to distribute the trust property to the | | persons entitled to it, subject to the right of the trustee to | | retain a reasonable reserve for the payment of debts, expenses and | | taxes. |
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| | | 3.__Release from liability invalid.__A release by a | | beneficiary of a trustee from liability for breach of trust is | | invalid to the extent: |
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| | | A.__It was induced by improper conduct of the trustee; or |
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| | | B.__The beneficiary, at the time of the release, did not | | know of the beneficiary's rights or of the material facts | | relating to the breach. |
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| | | MAINE UNIFORM PRUDENT INVESTOR ACT |
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| | | §901. Prudent investor rule |
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| | | 1.__Duty to comply.__Except as otherwise provided in section | | 902, a trustee who invests and manages trust assets owes a duty | | to the beneficiaries of the trust to comply with the prudent | | investor rule set forth in this chapter. |
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| | | 2.__Altered by provisions of trust.__The prudent investor rule | | may be expanded, restricted, eliminated or otherwise altered by | | the provisions of a trust.__A trustee is not liable to a | | beneficiary to the extent that the trustee acted in reasonable | | reliance on the provisions of the trust. |
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| | | §902.__Standard of care; portfolio strategy; risk and return |
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| | | 1.__Consideration of purposes, terms, distribution | | requirements and other circumstances.__A trustee shall invest and | | manage trust assets, as a prudent investor would, by considering | | the purposes, terms, distribution requirements and other | | circumstances of the trust.__In satisfying this standard, the | | trustee shall exercise reasonable care, skill and caution. |
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| | | 2.__Overall investment strategy.__A trustee's investment and | | management decisions respecting individual assets must be | | evaluated not in isolation but in the context of the trust | | portfolio as a whole and as a part of an overall investment |
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