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qualified beneficiaries. A settlor has the power to prohibit the | | disclosure of the existence of the trust and details of the trust | | administration to all non-qualified beneficiaries without the need | | to name a third person to receive such information on behalf of the | | beneficiaries. Note that a settlor may not name a protector to | | receive notice, information or reports in lieu of providing the | | notice, information or reports directly to the settlor's surviving | | spouse. |
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| | | The UTC has built into its default provisions a hierarchy of | | rights relating to providing various beneficiaries with | | information about a trust. The default provisions will govern | | unless the settlor chooses to modify them by the terms of the | | trust document: |
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| | | i. Some classes of beneficiaries have a right to | | information whether they request it or not (e.g., under | | section 813, subsection 3 distributees or permissible | | distributees of trust income or principal have a right to | | receive annual reports without request). |
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| | | ii. Other beneficiaries have a right to be affirmatively | | told of their right to request information (e.g., under | | section 813, subsection 2, paragraph C qualified | | beneficiaries have to be informed of their right to request | | a copy of the trust instrument and of trustee's reports). |
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| | | iii. Nonqualified beneficiaries have a right to obtain a | | copy of the trust instrument only if they request a copy, | | but a trustee is under no affirmative obligation to inform | | them of the existence of the trust or of their right to | | request a copy; the non-qualified beneficiaries are on their | | own to learn of the existence of the trust (see section 813, | | subsection 2, paragraph A). |
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| | | Section 105 permits the settlor, by the terms of the trust, to | | alter the beneficiaries' rights and trustee's duties under | | section 813, except as specified in section 105, subsection 2, | | paragraphs H and I. |
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| | | Sec. 7. 18-B MRSA §110, as enacted by PL 2003, c. 618, Pt. A, §1 | | and affected by §2, is amended to read: |
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| | | §110. Others treated as qualified beneficiaries |
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| | | 1. Charitable organization or person to enforce trust. A | | charitable organization expressly designated to receive | distributions under the terms of a charitable trust or a person | appointed to enforce a trust created for the care of an animal or |
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