LD 1551
pg. 6
Page 5 of 11 An Act To Make Technical Amendments to the Maine Uniform Trust Code Page 7 of 11
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LR 1146
Item 1
 
that gave the Attorney General the rights of a qualified
beneficiary with respect to a charitable trust having its principal
place of administration in Maine. In its place, Maine has added a
new subsection 3 which acknowledges the Attorney General's existing
enforcement role under the Maine Revised Statutes, Title 5, section
194. The purpose of this section is to expand the class of persons
who are treated as a "qualified beneficiary" as defined in UTC
section 103, subsection 13. The qualified beneficiary concept of
the UTC is used to narrowly define the class of beneficiaries who
are entitled to notice of certain matters related to the trust.
See the National UTC Conference Comments under this section for
further explanation. The notice required to be given to
"qualified" beneficiaries under the UTC should not be confused with
the notice requirements of section 1-401 of Maine's Probate Code,
which section requires that notice of a proceeding or hearing be
given to any "interested person". The term "interested person" is
a defined term under section 1-201, subsection (20) of the Maine
Probate Code, and defines a more expansive group of persons than
does the term "qualified beneficiary". The provisions of section 1-
401 of Maine's Probate Code are limited to notice of a "proceeding
or hearing"; i.e., a matter involving the court. Note that the
term "proceeding" is defined in section 1-201, subsection (32) of
Maine's Probate Code as "including any civil action in any court of
competent jurisdiction."

 
Sec. 8. 18-B MRSA §301, sub-§4 is enacted to read:

 
4.__Limitation on representation by settlor.__A settlor may
not represent and bind a beneficiary under this chapter with
respect to termination or modification of a trust under section
411, subsection 1.

 
Sec. 9. 18-B MRSA §411, sub-§1, as enacted by PL 2003, c. 618, Pt. A,
§1 and affected by §2, is amended to read:

 
1. Consent of settlor and all beneficiaries. A
noncharitable irrevocable trust may be modified or terminated
upon consent of the settlor and all beneficiaries, even if the
modification or termination is inconsistent with a material
purpose of the trust. If the settlor and all beneficiaries
consent to the modification or termination of an irrevocable
trust, the court shall enter an order approving the modification
or termination even if the modification or termination is
inconsistent with a material purpose of the trust, if the court
finds that the modification or termination is in the best
interests of the beneficiaries. A settlor's power to consent to
a trust's modification or termination may be exercised by an
agent under a power of attorney only to the extent expressly
authorized

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