LD 1551
pg. 3
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LR 1146
Item 1

 
H. The Subject to subsection 3, the duty under section 813,
subsection 2, paragraphs B and C to notify qualified
beneficiaries of an irrevocable trust who have attained 25
years of age of the existence of the trust, of the identity of
the trustee and of their right to request trustee's reports;

 
I. The Subject to subsection 3, the duty under section 813,
subsection 1 to respond to the request of a qualified
beneficiary of an irrevocable trust for trustee's reports
and other information reasonably related to the
administration of a trust;

 
Sec. 6. 18-B MRSA §105, sub-§3 is enacted to read:

 
3.__Waiver or modification.__The settlor, in the trust
instrument or in another writing delivered to the trustee, may
waive or modify the duties of a trustee under section 813,
subsection 1 or 2 to give notice, information and reports to
qualified beneficiaries by:

 
A.__Waiving or modifying such duties as to all qualified
beneficiaries except the settlor's surviving spouse during
the lifetime of the settlor or the lifetime of the settlor's
surviving spouse; and

 
B.__Designating a person or persons, any of whom may or may
not be a beneficiary, to act in good faith to protect the
interests of the qualified beneficiaries who are not
receiving notice, information or reports and to receive any
notice, information or reports required under section 813,
subsection 1 or 2 in lieu of providing such notice,
information or reports to the qualified beneficiaries.__The
person or persons designated under this paragraph are deemed
to be representatives of the qualified beneficiaries not
receiving notice, information or reports for the purposes of
the time limitation for a beneficiary to commence an action
against the trustee for breach of trust as provided in
section 1005, subsection 1.

 
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


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