reglab/housing_qa huggingface dataset:
18-B ME Rev Stat § 1009 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1009. Beneficiary's consent, release or ratification

 §1009. Beneficiary's consent, release or ratification A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless:   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]1.  Induced by improper conduct.  The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Beneficiary did not know rights.  At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1010 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1010. Limitation on personal liability of trustee

 §1010. Limitation on personal liability of trustee 1.  Not personally liable on contract; exception.  Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Personally liable for torts.  A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3.  Claim against trustee in fiduciary capacity.  A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1011 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1011. Interest as general partner

 §1011. Interest as general partner 1.  Not personally liable on contract.  Except as otherwise provided in subsection 3 or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Uniform Partnership Act or the Uniform Limited Partnership Act.   [PL 2005, c. 543, Pt. D, §12 (AMD); PL 2005, c. 543, Pt. D, §18 (AFF).] 2.  Not personally liable for torts.  Except as otherwise provided in subsection 3, a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3.  Exceptions to immunity.  The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings or parents or the spouse of any of the trustee's descendants, siblings or parents.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 4.  Liability of settlor.  If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF). PL 2005, c. 543, §D12 (AMD). PL 2005, c. 543, §D18 (AFF).
18-B ME Rev Stat § 1012 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE|18-B §1012. Protection of person dealing with trustee

 §1012. Protection of person dealing with trustee 1.  Exceeding or improperly exercising powers.  A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised those powers.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  No duty to inquire.  A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 3.  In good faith delivery of assets.  A person who in good faith delivers assets to a trustee need not ensure their proper application.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 4.  Former trustee.  A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 5.  Other protections prevail.  Provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries that are more protective prevail over the protection provided by this section.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1101 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 11: MISCELLANEOUS PROVISIONS|18-B §1101. Uniformity of application and construction

 §1101. Uniformity of application and construction In applying and construing this Code, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1102 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 11: MISCELLANEOUS PROVISIONS|18-B §1102. Electronic records and signatures

 §1102. Electronic records and signatures The provisions of this Code governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7002, and supersede, modify and limit the requirements of the federal Electronic Signatures in Global and National Commerce Act.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1103 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 11: MISCELLANEOUS PROVISIONS|18-B §1103. Effective date

 §1103. Effective date This Code takes effect on July 1, 2005.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1104 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 11: MISCELLANEOUS PROVISIONS|18-B §1104. Application to existing relationships

 §1104. Application to existing relationships 1.  Application.  Except as otherwise provided in this Code, on July 1, 2005:   A. This Code applies to all trusts created before, on or after July 1, 2005;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]B. This Code applies to all judicial proceedings concerning trusts commenced on or after July 1, 2005;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]C. This Code applies to judicial proceedings concerning trusts commenced before July 1, 2005 unless the court finds that application of a particular provision of this Code would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this Code does not apply and the superseded law applies;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]D. Any rule of construction or presumption provided in this Code applies to trust instruments executed before July 1, 2005 unless there is a clear indication of a contrary intent in the terms of the trust; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]E. An act done before July 1, 2005 is not affected by this Code.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).][PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Continued application of statute.  If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2005, that statute continues to apply to the right even if it has been repealed or superseded.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] SECTION HISTORY PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
18-B ME Rev Stat § 1201 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1201. Short title

 §1201. Short title This Act may be known and cited as "the Maine Uniform Trust Decanting Act." Any references in this chapter to "Act" mean "the Maine Uniform Trust Decanting Act."   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1203 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1203. Scope

 §1203. Scope 1.  Express trust.  Except as otherwise provided in subsections 2 and 3, this Act applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.   [PL 2021, c. 235, §1 (NEW).] 2.  Trust solely for charitable purposes.  This Act does not apply to a trust held solely for charitable purposes.   [PL 2021, c. 235, §1 (NEW).] 3.  Restricted or prohibited decanting power.  Subject to section 1214, a trust instrument may restrict or prohibit exercise of the decanting power.   [PL 2021, c. 235, §1 (NEW).] 4.  Power not limited.  This Act does not limit the power of a trustee, powerholder or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, a law of this State other than this Act, common law, a court order or a nonjudicial settlement agreement.   [PL 2021, c. 235, §1 (NEW).] 5.  Ability of settlor.  This Act does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1204 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1204. Fiduciary duty

 §1204. Fiduciary duty 1.  Act in accordance with fiduciary duty.  In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.   [PL 2021, c. 235, §1 (NEW).] 2.  No duty to exercise power; inform beneficiaries.  This Act does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this Act.   [PL 2021, c. 235, §1 (NEW).] 3.  Deemed to include decanting power.  Except as otherwise provided in a first-trust instrument, for purposes of this Act and section 801 and section 802, subsection 1, the terms of the first trust are deemed to include the decanting power.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1205 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1205. Application; governing law

 §1205. Application; governing law 1.  This State.  This Act applies to a trust that:   A. Has its principal place of administration in this State, including a trust whose principal place of administration has been changed to this State; or   [PL 2021, c. 235, §1 (NEW).]B. Provides by its trust instrument that it is governed by the law of this State or is governed by the law of this State for the purpose of:   (1) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this State;   (2) Construction of terms of the trust; or   (3) Determining the meaning or effect of terms of the trust.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 2.  Creation of trust; court proceedings.  Except as otherwise provided in this Act:   A. The Act applies to a trust created before, on or after the October 1, 2021;   [PL 2021, c. 235, §1 (NEW).]B. The Act applies to any proceedings in court commenced on or after October 1, 2021;   [PL 2021, c. 235, §1 (NEW).]C. The Act applies to proceedings in court pending on October 1, 2021 unless the court finds that application of a particular provision of the Act would interfere substantially with the effective conduct of the proceeding or prejudice a right of a party, in which case the particular provision of the Act does not apply; and   [PL 2021, c. 235, §1 (NEW).]D. A rule of construction or presumption provided in the Act applies to a trust instrument executed prior to October 1, 2021 unless there is a clear indication of a contrary intent in the terms of the instrument.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 3.  Action before effective date of Act.  Except as otherwise provided in subsection 2, an action done before October 1, 2021 is not affected by the Act.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1206 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1206. Reasonable reliance

 §1206. Reasonable reliance A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this Act, a law of this State other than this Act or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1208 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1208. Court involvement

 §1208. Court involvement 1.  Application to court.  On application of an authorized fiduciary, a person entitled to notice under section 1207, subsection 3, a beneficiary or, with respect to a charitable interest, the Attorney General, the court may:   A. Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Act and consistent with the fiduciary duties of the authorized fiduciary;   [PL 2021, c. 235, §1 (NEW).]B. Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this Act and to exercise the decanting power;   [PL 2021, c. 235, §1 (NEW).]C. Approve an exercise of the decanting power;   [PL 2021, c. 235, §1 (NEW).]D. Determine that a proposed or attempted exercise of the decanting power is ineffective because:   (1) After applying section 1221, the proposed or attempted exercise does not or did not comply with this Act; or   (2) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;   [PL 2021, c. 235, §1 (NEW).]E. Determine the extent to which section 1221 applies to a prior exercise of the decanting power;   [PL 2021, c. 235, §1 (NEW).]F. Provide instructions to the trustee regarding the application of section 1221 to a prior exercise of the decanting power; or   [PL 2021, c. 235, §1 (NEW).]G. Order other relief to carry out the purposes of this Act.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 2.  Court approval.  On application of an authorized fiduciary, the court may approve:   A. An increase in the fiduciary's compensation under section 1215; or   [PL 2021, c. 235, §1 (NEW).]B. A modification under section 1217 of a provision granting a person the right to remove or replace the fiduciary.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1209 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1209. Formalities

 §1209. Formalities An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section 1207, identify the first trust and the 2nd trust or trusts and state the property of the first trust being distributed to each 2nd trust and the property, if any, that remains in the first trust.   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1211 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1211. Decanting power under limited distributive discretion

 §1211. Decanting power under limited distributive discretion 1.  Limited distributive discretion defined.  For purposes of this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.   [PL 2021, c. 235, §1 (NEW).] 2.  Limited distributive discretion over principal.  An authorized fiduciary that has limited distributive discretion over the principal of the first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.   [PL 2021, c. 235, §1 (NEW).] 3.  Creation of 2nd trust; similar beneficial interests.  Under this section and subject to section 1213, a 2nd trust may be created or administered under the law of any jurisdiction. Under this section, the 2nd trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust.   [PL 2021, c. 235, §1 (NEW).] 4.  Distribution for benefit of beneficiary.  A power to make a distribution under a 2nd trust created pursuant to this section for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is deemed to be for the benefit of a beneficiary if:   A. The distribution is applied for the benefit of the beneficiary;   [PL 2021, c. 235, §1 (NEW).]B. The beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated and if the distribution is made as permitted under this Part; or   [PL 2021, c. 235, §1 (NEW).]C. The distribution is made as permitted under the terms of the first-trust instrument and the 2nd-trust instrument for the benefit of the beneficiary.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 5.  Limited distributive discretion over part of principal.  If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1214 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1214. Trust limitation on decanting

 §1214. Trust limitation on decanting 1.  Decanting power prohibited.  An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:   A. The decanting power; or   [PL 2021, c. 235, §1 (NEW).]B. A power granted by state law to the authorized fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 2.  Decanting power restricted.  Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:   A. The decanting power; or   [PL 2021, c. 235, §1 (NEW).]B. A power granted by state law to an authorized fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 3.  Decanting power not precluded.  A general prohibition on amendment or revocation of a first trust, a spendthrift provision or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.   [PL 2021, c. 235, §1 (NEW).] 4.  First trust permits modification or distribution.  Subject to subsections 1 and 2, an authorized fiduciary may exercise the decanting power pursuant to this Act even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.   [PL 2021, c. 235, §1 (NEW).] 5.  Express prohibition or restriction included in 2nd trust.  If a first-trust instrument contains an express prohibition described in subsection 1 or an express restriction described in subsection 2, the provision must be included in the 2nd-trust instrument.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).