LD 1551
pg. 4
Page 3 of 11 An Act To Make Technical Amendments to the Maine Uniform Trust Code Page 5 of 11
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LR 1146
Item 1

 
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.

 
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:

 
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).

 
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).

 
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).

 
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.

 
Sec. 7. 18-B MRSA §110, as enacted by PL 2003, c. 618, Pt. A, §1
and affected by §2, is amended to read:

 
§110. Others treated as qualified beneficiaries

 
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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